Company Law - Section 213A Companies Act - Whether there are instances of mismanagement of the 1st and 2nd Defendants - Whether the Claimant is entitled to recover funds invested in the 1st and 2nd Defendants - Whether the allegations of fraud have been proven - Whether the affairs of the 1st and 2nd Defendants have been conducted in an oppressive and/or unfairly prejudicial manner - Whether the Claimant was improperly removed as shareholder- Appropriate remedies - Winding-up - Investigation - Buyout.
Civil Procedure - Part 24 Civil Procedure Rules, 2002 - Application for security for costs - Whether the conditions for security for costs have been met - Whether security for costs can be ordered against representative parties - Whether the claim is a sham or bona fide - Whether there is a reasonable prospect of success - Whether the application is made at a late stage - Whether the Claimant has unencumbered assets within the jurisdiction.
Civil procedure - Sections 152, 158, 162 and 168 of the Registration of Titles Act - Sections 3, 4 and 27 of the Limitation of Actions Act - Whether the Claim is statute barred - Whether the Defence of laches is available - Whether properties owned by the Claimant were fraudulently transferred to the 1st Defendant- Evidence of handwriting experts.
Company Law - Section 115 of the Companies Act - Breach of Agreement - Whether the Claimant is the beneficial owner of shares in the 3rd Defendant - Whether the share capital of the 3rd Defendant should be rectified pursuant to section 115 of the Companies Act
Civil Procedure - Application for Summary Judgment on part of claim- Part 15 Civil Procedure Rule, 2002 - Whether the Defendants have a real prospect of successfully defending the claim - Whether the Claimant is entitled to summary judgment of the claim.
Injunction - Application for Interim Injunction pursuant to Section 49(h) of the Judicature (Supreme Court) Act - Rules 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 - Whether there is a serious issue to be tried – Whether damages an adequate remedy - Balance of convenience - Preservation of status quo.
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.