2014

Application to set aside default judgment – Service by registered post – Presumption of service – displacement of presumption of service – Default judgment irregularly entered – Improper party named as defendant – Substitution of defendant – Defence with realistic prospect of success – Duty owed by occupier to trespasser.

Application for consolidtion of claims - Distinction between consolidation of claims and trying of two claims at the same time - What court shold consider in deciding on whether claims should be consolidated.

Limitation of Actions Act – Visit to locus in quo – Whether Defendants in possession for 12 years – Whether crops and goats reared on property – Whether Defendants had fenced property – Whether registered proprietor entitled to an Order for possession.

Claim for breach of statutory duty and/or negligence – Duty to securely fence any dangerous part of any machinery in a factory – Duty to securely fence is not dependent on whether machine can be used as intended with secure fencing of same in place – Definition of ‘dangerous part’ – Whether protection afforded to those who unauthorizedly interact with dangerous parts of machinery in a factory.

Trade mark – Registration of Trade Mark – Appeal from decision of Registrar – Sections 2, 10, 11, 13, 14, 43 of Trade Marks Act, 2001 – Trade Mark Rules - Articles 2, 3, 4, 5 of First Council Directive on Trade Marks of December 21, 1988, No. 89/104.

Negligence – Employers Liability - Whether bus seat defective- Injury to back - Damages.

Applications for Bail - Whether attorneys entitled to swear Affidavits –  Whether INDECOM Fiat lawful – Bail Act – Whether substantial grounds to refuse bail.

Contract- Sale of Land- Time of the Essence - Whether Special Conditions require notice of breach and of intention to terminate - Whether vendor in breach of contract.

Motor vehicle accident – Determination of Liability – Assessment of Damages

Motor vehicle accident – Determination of Liability – Contributory Negligence must be specifically pleaded for defendants to benefit from it as a defence – Assessment of Damages