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
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
Sections 55, 56, 57, 58, 84, 85, 86, 87 and 89 of the Proceeds of Crime Act - Parts 10 and 12 of the Civil Procedure Rules, 2002- Application for Leave to Enter Judgment in absence of Defence - Civil recovery orders- Recoverable property - Unlawful conduct
Application to remove caveat – Injunction - Whether there is a serious issue to be tried - Whether damages are adequate – Balance of convenience – Specific performance - Breach of contract.
Whether the Claimant is entitled to payment of sums due and owing under the Defendant’s Pension Scheme - Limitation of Actions Act - Whether Claim is statute barred - Whether the Claimant is entitled to Damages for Fraud
Application for interim injunction pursuant to section 49(h) Judicature (Supreme Court) Act – rule 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 – Whether right of first refusal gives the applicant an equitable interest in property - Whether there is a serious issue to be tried - Whether damages an adequate remedy – Balance of convenience - Whether injunction is mandatory or prohibitory - Likely prejudice - Preservation of status quo
Breach of contract - Promissory note - Section 35,36 and 50 of the Stamp Duty Act - Whether sums advanced amount to a loan or deposit on acquisition of shares in company - Whether promissory - Note valid and enforceable - Whether equitable mortgage created.