2011

Family law - Beneficial interest in dwelling house –  Common intention of the parties – Whether visiting or common law relationship – Tenant at will.

Matrimonial Property - Claim for 50% share in dwelling-house - Parties separated - Claim brought more than twelve months after date of separation - Whether the Property (Rights of Spouses) Act applicable – Which section of the Act applicable or not or whether the rules of common law and equity apply - House built by spouses on family land - Whether
house is not family home because it is built on family land - Whether application of equal share rule ousted by absence of legal title in land on which house is built - the Property (Rights of Spouses) Act, ss 2, 4, 6, 11,

Non - Attendance of witnesses – Affidavits struck out – Unsatisfactory state of evidence – Rare case In which burden of proof determining which party should succeed.

Application for leave to apply for Juducial Review — Whether section 26 (2) of the Betting Gaming and
Lotteries Act creates a public power or vests a private right — Appropriate tests for determining
whether public power or private right exercised

Assault – Vicarious liability – Whether 1st Defendant servant/agent for 2nd Defendant – Whether 1st Defendant acted maliciously – Whether 1st Defendant’s purported post factum behaviour deems him to be a police officer – Damages – Aggravated Damages

Negligence - Road traffic accident - Injury to passengers - Driver overtaking vehicle - Collided with vehicle - Summary of statement filed - Driver failing to give evidence - Ancillary claim - Duty of care of driver been overtaken.

Alledged assault and battery by the police - Gunshot injuries - Claim for false imprisonment - Claim for malicious prosecution - Exemplary and aggravated damages.

Mortgage – Equitable mortgage - Loan made to registered proprietor of land – Agreement

for land to be security for loan – Proprietor depositing certificate of title in pursuance of

agreement – No instrument of mortgage executed – Whether equitable mortgage in place –

Enforcement of equitable rights – Registration of Titles Act, section 103 - Conveyancing

Act, section 28 (2) – Judicature (Supreme Court) Act, section 48

 Limitation of Action - Possession of Title - Land brought under the Registration of Titles Act -Sections 68 & 70 Registration of Titles Act - Whether Fraud established - Meaning of Fraud.