Rules 15, 26 and 41 Civil Procedure Rules, 2002 - Whether the matter should be struck out against the 4th and 5th Defendants - Whether summary judgment should be granted.
Breach of Agreement – Subcontractor Agreement - Liquidated damages - Whether Claimant entitled to sums withheld as liquidated damages - What rate of interest should be imposed.
Section 27 of the Sale of Goods Act - Breach of Contract - Whether the contract provided for exclusivity - Whether payment was contingent upon sale of goods- Whether the Defendant is in breach of Contract
Sections 174, 178, and 179 of the Companies Act - Whether the Claimant is entitled to a re-transfer of his shareholdings in the company - Whether a resulting trust was created in favour of the Claimant - Whether the presumption of advancement is displaced - Whether the removal of the Claimant as director is valid - Whether the appointment of the 1st and 2nd Defendants as directors of the company is valid
Application for amendments to Claim Form after Case Management Conference –Whether the amendments constitute a new cause of action - Whether application to amend should extend to new provisions regarding interest rate – Civil Procedure Rules, 2002 Rule 20.4 (2) and 1.1 - The Limitation of Actions Act – Law Reform (Miscellaneous Provisions) Act
Rules 5.7, 5.19, 8.16, 12.4, 13.2, 26.9, 42.6, 45.2, 46.4 and 47.2 of the Civil Procedure Rules, 2002 – Section 387 of the Companies Act - Whether Default Judgment was irregularly obtained - Whether the Claimant’s Order for Seizure & Sale can be set aside after execution
Breach of Contract - Whether the Defendant is liable for failing to complete the modification of the unfinished building - Whether the Claimant breached the contract for failing to pay the Defendant in a timely manner - Whether the Defendant is in breach of the contract for leaving the work site - Whether the Defendant should be compensated for additional works.
Application for extension of time to file defence - Application for default judgment to be entered - Rules10.3(9), 12.1, 12.5 and 13.4, 26.1(2) (c) of the Civil Procedure Rules - Lengthy and inordinate delay - No good reason provided - Good and arguable defence