Original Will not found – last seen in possession of testatrix – was Will destroyed animo revocandi – whether the testatrix was of sound mind, memory and understanding – onus on propounder to prove testatrix of sound mind. Will itself may determine the mental capacity of the dispositive mind – onus on propounder to rebut presumption of Will destroyed animo revocandi.

Breach of statutory Duty -Judicial Review Legitimate Expectation - Unreasonableness

RETRIAL-PRINCIPLES INVOLVED-WHETHER RES JUDICATA APPLICABLE- CLAIM FOR SPECIFIC PERFORMANCE- DAMAGES IN LIEU OF SPECIFIC PERFORMANCE- WHEN IS IT APPROPRIATE TO ORDER-STUMBLING BLOCKS TO SPECIFIC PERFORMANCEWHETHER DATE FOR ASSESSMENT OF DAMAGES IS DATE OF BREACH OF CONTRACT OR DATE OF JUDGMENT- ROLL BACK OF DATE OF ASSESSMENT TO TAKE ACCOUNT OF DELAY

OCCUPIER'S LIABILITY - SLIPPING AND FALLING IN BATHROOM - CONTRIBUTORY NEGLIGENCE - STRICT PROOF IN SPECIAL DAMAGES

Husband and Wife - Property division - Claim for declaration of interest in family home - Family home acquired in the joint names of the spouses - Wife made no contribution to the cost of acquisition - Dispute as to whether wife contributed to the maintenance or extension of the house - Whether marriage of short duration - Whether circumstances require a departure from the presumption of equal shares - Property (Rights of Spouses) Act ss.

Judicial Review – Reduction of Pension

Land - Restrictive Covenant – Covenant restricting subdivision and use of land - Application to modify – Identifying the relevant neighbourhood for the land - Whether character of neighbourhood has changed – Whether covenant obsolete - Whether covenant impedes reasonable user of the land – Whether any injury to beneficiaries of the covenant would result from the modification of the covenant - Restrictive Covenants (Modification and Discharge) Act, section 3 (1)