2015

Civil procedure - Application to set aside judgment in default of defence - Civil Procedure Rules, R. 13.3

Trusts – Constructive trust – Claimant sharing forty-two year relationship with legal owner – Whether claimant and legal owner set up home together – Whether common intention to share beneficial interest - Legal owner transferring property by way of gift.

Mortgagor/Mortgagee dispute - Application for injunction - Whether injunction should continue - Agreement for sale by mortgagor before mortgagee concluding contract with purchaser udner exercise of power of sale - Whether first agreement shold go through or whether mortgagee's sale should stand.

Civil procedure - Withdrawal of admissions - Setting aside judgment on admission - Civil Procedure Rules, R. 14.

Assessment of damages - Personal injury

Civil procedure - Application to stirke out defence - Vicarious liability

Judicial review - Application for leave - Whether dismissal unjustified - Role of Industrial Disputes Tribinal - Role of Court in judicial review - Difference between an appeal and judicial review.

Injunction – Application for an injunction to restrain a Law Firm from representing the Khemlani group of companies – Breach of Article 86 of the Articles of Association – Conflict of interest – Whether in the circumstances the injunction should be granted – Application for injunction refused

Entry of Default Judgment for Failure by Defendant/applicant to Attend a Hearing - Rule 27.8(5) & (6) of the Civil Procedure Rules – Application to Set Aside Such a Judgment – Rule 39.6 of the CPR - Whether Requirements Satisfied – Application to Set Aside Judgment ex debito justitiae - Inherent Jurisdiction of the Court – Whether Claim One for a Specified Sum of Money – Rule 12.8 of the CPR – Whether Assessment of Damages Necessary.

Judicial review – Application for certiorari and mandamus – Issue of bias – Actual bias – Real likelihood of bias – Presumptive bias – Waiver of bias – Whether magistrate obliged to preside over case in circumstance where bias waived by disputing litigants – Basis upon which exercise of judicial discretion can be successfully challenged in judicial review proceedings