Land – Owners hold as tenants in common – 2nd Defendant is part owner in possession who made improvements – Property sold - Whether proceeds of sale to be divided in accordance with an agreement between the co-owners - Whether claim barred by Limitation of Actions Act - Whether one co-owner’s investment in the land bars recovery of equal share by the other co-owners.
Assault – False Imprisonment – Malicious Prosecution – Whether reasonable and probable cause – Whether shooting in self defence – Whether warrant in possession of police – Acknowledgment of Service entered for 3rd Defendant only – Whether other Defendants undefended – Damages.
Assault – False Imprisonment – Malicious Prosecution – Whether reasonable and probable cause – Whether shooting in self defence – Whether warrant in possession of police – Acknowledgment of Service entered for 3rd Defendant only – Whether other Defendants undefended – Damages.
Civil practice and procedure – Security for costs application – Section 388 of Companies Act – Court’s power to stipulate time – Part 24 of the CPR – Delay in making application – Relevance of relative impecuniosity of claimant company to more prosperous defendant – Avoidance of both oppressive use of security for costs application and of state of impecuniosity – Whether claim only or whole of proceedings stayed – Appropriate order for costs on successful application for security for costs
Tresspass to the person- shooting by police – Whether malicious and or without reasonable and probable cause – Whether negligence has to be specifically pleaded.
Application for extension of time to file defence - Need to also obtain extension of time to file acknowledgement of service - Neglect of Attorney in failing to file defence in time - Failure of applicant to offer any explanation for failure to file acknowledgement of service - Filing of counterclaim and ancillary claim - 'ancillary claim' defined in rules of court as including 'counterclaim' - Factors to be considered by court in deciding whether to grant an extension of time for filing defence - Length of delay - Reasons for delay - prejudice to claimant - Whether proposed defence has a r
Civil Practice and Procedure -Application for Court Orders – Expert witness – Application to disqualify expert witness – “Misconduct” of administrative attorney-at-law – Part 32 of Civil Procedure Rules 2002, (Amended) 2006
Application for Court Orders – Security for Costs –Principles – Part 24 of the Civil Procedure Rules – Affidavit Evidence – Part 30 of the Civil Procedure Rules
