The Hon. Mr. Justice Patrick Brooks

Land - Joint Tenancy - Severance registered on Certificate of Title - One co-owner

dying subsequently - Deceased alleged to have secured the severance by fraud -

Nature of evidence required to prove fraud - Whether deceased secured possessory

title against otber co-owner

Civil Procedure - Injunction - Application to restrain sale of products other than claimant's - Express prohibition in contract not to sell any products other than claimant's = Claimant not supplying product because of the defendant's unpaid debts - Effect of injunction on defendant - Balance of convenience - Whether favouring an interim injunction.

Practice and procedure - Application for relief from sanctions - Claimant's statement of case struck out because of failure to obey orders made at case management conference - Application filed three years after act of striking out - Claimant's attorney-at-law blamed for delay - Attorney-at-law now dead - Whether application made promptly - Whether general compliance with other orders - CPR RULE 26.8

Civil practice - Application for summary judgment - Defendant countermanding cheque drawn in favour of claimant - Subsequently paying the sum due - Claim for fraud - Whether cause of action still subsisting - Whether loss resulting from the defendant's conduct - CPR rule 15.2.

Trust - Father purchasing realty in joint names of adult daughter and himself - Daughter not contributing to the cost of acquisition - Whether resulting trust arising - Whether irrevocable gift to daughter - Whether presumption of advancement rebutted - Whether joint tenancy may be severed by father.

Negligence - Occupier's liability - Customer of store slipping and falling - Store on different levels - Levels joined by small ramp - Whether ramp the cause of the fall - Whether ramp dangerous - Damages - Personal injury - Claimant falling with legs in a 'split' - Severe lower back pain - Chronic myofascial pain resulting from trauma - 10% whole person disability.

Husband and wife - Claim for declaration of interest pursuant to the Property (Rights of Spouses) Act - Parties separated prior to the promulgation of the Act - Attempt of reconciliation just prior to promulgation - Whether court has jurisdiction to hear claim - Whether time begins to run when when attempt fails - Property (Rights of Spouses) Act ss. 11 and 13. 

Attorney-at-law - Application for attorney-at-law to pay interest on settlement sum – Delay in attorney-at-law making payment of settlement sum - Attorney-at-law awaiting an order of the court to pay over settlement sum – Whether interest payable by attorney-at-law – Legal Profession (Accounts and Records ) Regulations; regs. 8 and 9.

Mortgage – Equitable mortgage - Loan made to registered proprietor of land – Agreement

for land to be security for loan – Proprietor depositing certificate of title in pursuance of

agreement – No instrument of mortgage executed – Whether equitable mortgage in place –

Enforcement of equitable rights – Registration of Titles Act, section 103 - Conveyancing

Act, section 28 (2) – Judicature (Supreme Court) Act, section 48