2016

Matrimonial Property – Parties separated - Family home - Marriage of short duration – Family home acquired before marriage by one spouse in the name of that spouse only - Variation of equal share rule - Factors to be considered- The Property (Rights of Spouses) Act
 

Civil Procedure  Application to withdraw admission – Whether an admission was made – Whether admission should be withdrawn – Whether judgment on admission is to be set aside – Civil Procedure Rules 1.1, 1.2, 14.1(6)

Land – Claim by Executor - Dual registration of title – Whether second registered title eclipses the first – Whether registration obtained by Fraud – Possessory Title – Limitation of Actions – Whether one party obtained a possessory title.

Civil Procedure - Application for Leave to Appeal an Order for Costs – application to Extend Time to appeal – Whether Judge has Power to Set Aside an Order made by another Judge of Equal Jurisdiction- Whether Appeal has a Real Prospect of Success - Whether costs at Case Management must always be costs in the claim,

Civil Procedure - Application for summary judgment - Civil Procedure Rules15.4 (4).

Damages – Assessment – Personal Injury – Application to amend Particulars of claim after close of evidence and at time of filing submission but before judgment

Landlord and tenant - Agreement for a lease - Draft lease not executed as some terms were found objectionable by the tenant - Parties operating under the agreed terms of the draft lease - Claim by lessor for rent and outstanding maintenance - Whether maintenance properly charged to the tenant as additional rent - Whether tenant obliged to pay insurance and depreciation on the buildi

Procedure – Application for extension of time to file defence – delay – Application for entry of judgment – Procedural error –Civil Procedure Rules 2.4, 10.3 (9), 12.10 & 26.1 (2)(c).

Loan- Application to strike out defence as showing no real prospect of success  Application for summary judgment – Whether fact that promissory note not signed a defence – Whether fact that bank wrongly debited trust account a defence – Loan admitted and repayment not alleged

Property - Extinction of title by co-owner - Whether title extinguished - Husband deceased - Whether third wife can claim property under extinction of title principle