Civil Procedure - Stay of proceedings - Principles to be applied - Exercise of Court’s discretion and balancing of competing interests of the parties - Whether risk of inconsistent judgments can provide a basis for a stay
Arbitration – Award - Bases for disturbing award
Contract – Construction contract – Value of work done – Whether value of performance bond as stated in bill of quantities is conclusive
Contract – Principles to be applied by employer in making discretionary payment provided for by contract of employment - Whether discretion properly exercised -Whether decision relying on opinion of Auditor General without verifying its accuracy is irrational
Mortgages - Duty of care of Mortgagee in exercising power of sale - Whether reliance can be placed on price achieved at auction - Whether price obtained at auction was due to fault of Mortgagee.
Agency- Requirements - Scope - Whether an employee is authorised to contract with third party bank
Banking - Scope of duty of care owed by bank in encashing cheque made payable to it drawn on a third party bank
Contract – Oral – Terms – Whether contract for the sharing of earnings provided for sharing of retention payments
Evidence – Hearsay rule – Corporate entity - Whether a witness repeating information from a fellow employee as to the terms of an agreement he made offends the hearsay rule
Evidence - Whether requirements in respect of computer generated documents applies equally to information derived from a computer contained in a witness statement which stands as evidence in chief - Evidence Act sections 31E and 31G
Assessment of Damages - Enforcement of undertaking as to damages – Whether loss arising from Court ordered mandatory injunction - Whether loss suffered by Defendant ought to be calculated at the contractual or commercial interest rate
Arbitration - Construction of arbitration clause - Effect of failure to file application to stay proceedings - Effect of party seeking to invoke arbitration clause filing defence.