Application to strike out – Applicable legal principles – Several claims – Whether some of the claims being pursued are unknown in law – How court should approach question as to whether there exists reasonable grounds for bringing claim – Whether the 2nd and 3rd defendants are immune from liability – Allegation that defamation claim is statute-barred – Procedural defence – Need to assert procedural defence in filed defence – Failure to provide sufficient pertinent particulars in statement of case – Application for constitutional redress – Adequate alternative means of redress available – Ne
Claim for recovery of possession of property – Defendants’ application to strike out claimant’s statement of case – Defendants’ application for summary judgment – Claim form proceedings – Whether claim ought to have been commenced by means of fixed date claim form – Conversion of proceedings – Basis for striking out statement of case – Abuse of process – Consideration of claimant’s statement of case.
Application by 1st defendant to strike out claim - Legal principles to be applied - Abuse of process - Claim seeks reliefs for alleged negligence pertaining to administration of deceased's estate - Whether remedy for breach of trust can properly be pursued as a ngeligence claim - Section 39 and 40 of the Administrator General's Act - Failure to comply with duties of trustee - Need to set out cause of action in claim form.
Judicial review - Natural justice - Legitimate expectation - Whether hearing required prior to interdiction of public officer - Whether withholding of half of the claimant’s salary while claimant is on interdiction constitutes a penalty - Whether claim has been filed against the appropriate party as defendant - Presumption of regularity - Breach of constitutional rights to fair hearing and enjoyment of property - Abuse of process.
Application for relief from sanctions – Need to make application promptly – Need to satisfy the court that there has been general compliance with court orders and rules of court – Deed to satisfy the court that the failure to comply was not intentional – Circumstances in which rule 26.8 (3) of the Civil Procedure Rules is to be considered by court.
Judicial review - Reviewing a decision of an inferior tribunal - Grounds of judicial review – Illegality - Wednesbury unreasonableness - Procedural impropriety - Duty to act fairly - What is fairness - Principles of natural justice - Whether attorney general is a proper party to this claim
Application for mandatory injunction - Interests of justice - Whether damages an adequate remedy - Failure to give undertaking and failure to give cross - Undertaking
Claim for declaration of title based on adverse possession – Ancillary claim filed by defendants against claimant and seeking recovery of possession of property and damages for trespass – Application for entry of summary judgment and for recovery of possession – Claimant in actual occupation of property – Defendants are registered title holders of said property – Defendants purchased said property without actual notice of claimant then having been in actual occupation of said property – Constructive notice of claimant’s occupation of said property – Whether defendants obtained registered ti