2016

Bail application

Real property - Agreement to put claimant in possession - Conduct of the parties in relation to the property - Common intention - Whether animus possidendi present - Whether title holder has maintained beneficial interest - Limitations of Actions Act ss 3 and 30.

Negligence – Motor vehicle collision – Potholes in road – Claimant a passenger –Cause of collision – personal injury – whiplash – damages – Observations on the Evidence Amendment Act and the duty of full disclosure.

Limitation of Actions - Land - Adverse possession - Initial possession by virtue of
family arrangement.

Will - Grant of Letters of Administration - Declaration sought for revocation of Grant - Effect of misrepresentation in application for Grant of Administration – Lost title application – Effect of misrepresentation in application

Rule 13.3 of the CPR as amended [2006] - Application to set aside judgment in default - Failure to file defence in time - Delay in making application - Realistic Prospect of success

Assessment of Damages - Malicious Prosecution - False Imprisonment - Aggravated damages - Exemplary damages - Seized vehicle never returned - Detinue and conversion - Whether claimant entitled to damages for aggravated and exemplary damages.

Property (Rights of Spouses) Act 2004 Secs. 2, 6,7,13 and 14 - Division of Property - Single woman and single man - Unequal contribution to acquisition of land - Construction of house – Registered Title in joint names - Equal share rule – Variation of equal share rule -Contribution of third party

Civil procedure − Application for summary judgment – Court contributing to delay – Absence of reasons for judgment  – Litigants contributing to delay  – Effect of previous judgment on documents to be interpreted in present case.

Civil procedure - Mortgagor alleging mortgagee breached duty when exercising power of sale – Whether permissible to plead that mortgageee was negligent – Whether tort of negligence applicable to claim – Whether permissible to claim damages for mental distress.