2015

Mortgage agreement - Mortgage exercising power of sale - Dispute concerning arrears - Whether right to exercise power of sale has arisen - Application for interlocutory injunction

Notice of Application – Consent Order-Whether Defendant in breach of Order-Whether Consent Order is to be varied – Interpretation of Consent Order – Whether a party to be joined for purposes of Discovery Orders.

Negligence – Motor vehicle accident – Motor car pulling into the path of an overtaking vehicle – Incidence of liability – Whether each driver solely or jointly negligent.

Mortgage – Whether subsequent mortgagee is a mortgagee in possession – Whether the proposed exercise of a prior mortgagee’s power of sale must take into account the interests of the second mortgagee – Whether the prior mortgagee is a trustee for the subsequent mortgagee.

Application to set aside Default judgment – Defendant appearing in person - Whether Defence has real prospect of success - Trespass-Whether extent of trespass a matter of liability or damages  - Whether there is good reason for failure to enter acknowledgement or Defence in time.

Practice and Procedure – Injunction - Application for injunction to restrain Mortgagee’s exercise of its power of sale contained in a mortgage - Whether Mortgagee may be restrained - Whether damages is an adequate remedy-Section 106 of The Registration of Titles Act - Limitation of Actions Act - Evidence – Use of without prejudice communication.

Application to strike out – Named Claimant non-existent- Application to amend- whether name of party can be changed - Whether claim a nullity

Application for Relief from Sanctions - Unless Order - Attorneys to blame - Whether administrative inefficiency a good explanation - Late compliance - Whether relief to be granted.

Defendants’ application for summary judgment - Whether claim has a real prospect of success - Whether the execution of a bill of sale results in the transfer of title to the grantee of the bill of sale - Whether application could be heard while application for default judgment was pending.

Negligence – Motor vehicle collision – One vehicle turned across path of other – Other vehicle collided with while in its proper lane – apportionment of liability – Contributory negligence – Assessment of damages