2009

MORTGAGEE RESTRAINED FROM EXERCISING POWER OF SALE ON

EX PARTE APPLICATION - WHETHER INJUNCTION SHOULO REMAIN

UNTIL TRIAL - CONDITION OF GRANTING INJUNCION -

BORROWER OEFAULTING - LEGAL OWNERS OF PROPERTY USED TO

SECURE LOAN NOT THE BORROWER - ALLEGATION THAT LEGAL

OWNERS SIGNATURES FORGED ON DOCUMENTS AUTHORISING

USE OF PROPERTY AS SECURITY

Whether breach of contract; whether Claimant was wrongfully

dismissed; extent of damages in wrongful dismissal; whether

Claimant entitled to incentive bonus on a proper construction of the

contract of employment; no evidence of satisfaction of conditions

precedent to entitlement; Defendant deciding not to call witnesses;

effect thereof on burden of proof; Claimant putting in witness

statement of Defendant's witness as hearsay under CPR 29.8(3);

whether this would be the evidence of the party putting such in;

Inter partes hearing of application for freezing order - Need for evidence of a 'real risk of dissipation' - What amounts to such evidence - Whether refraining from doing something which the defendant is not obliged to do can amount to provision of such evidence.

APPLICATION TO EXTEND TIME TO FILE DEFENCE - WHETHER

DEFENCE HAS ANY REAL PROSPECT OF SUCCESS - EXTINCTION OF

TITLE TO LAND - CIVIL PROCEDURE RULES - RULE 25.1 (b), (c), (i),

26.1 (2) (k), 26.8 - WHETHER RULE 26.8 APPLICABLE TO

APPLICATION TO EXTEND TIME TO FILE DEFENCE

Application for relief from sanctions - Circumstances in which such relief

is to be granted -"Extraneous circumstances" for non-compliance with

court order - Interpretation and Application of Rule 26.8 of the Civil

Procedure Rules, 2002, as amended.

Defamation - Words published concerning competence of a public officer in

carrying out his duties - Whether defamatory - Whether defences of justification,

qualified privilege and/or fair comment made out - Whether publisher actuated by

malice -Whether newspaper acted reasonably and prudently in reporting the issue

(Reynolds defence)

Action for Possession - Licence -Whether Equitv Created - Power in

Court to determine how Equitv should be satisfied.

Assessment of Damages - Injury to Foot