2017

Judicial review – Application for leave to apply for judicial review – Order of mandamus – Test to be applied for leave – Whether applicants satisfy the test for leave to be granted

Enforcement of judgment - Provisional attachment of debt order – Application to set aside - Consent Order – Application to vary.

Civil procedure - Application for recusal - Whether judge disqualified by reason of adjudicating on prior matter involving litigant - Apparent bias.

Matrimonial Property – Division of matrimonial home – Division of household items – Claim for maintenance by wife – Lump sum – Adjustment of pension rights – Section 6 of The Property (Rights of Spouses) Act – Sections 3 (2), 5, 14 and 15 of The Maintenance Act.

Assessment of damages – Approach of court - Whether lump sum award or multiplier applicable.

Assessment of Damages - Enforcement of undertaking as to damages – Whether loss arising from Court ordered mandatory injunction - Whether loss suffered by Defendant ought to be calculated at the contractual or commercial interest rate

Property Rights of Spouses Act, sections 26, 7, 12, 13, 14 - Whether family home if one spouse owned property with former spouse during marriage – Both Residence and Ownership tests to be satisfied to be considered family home.

Negligence – Duty of care – Action to avoid accident – Duty to observe ordinary care care to avoid injury to person and damage to property
out and observance of traffic light.

Statutory interpretation – Sections 63 and 88 of the Registration of Titles Act – Registered land - Deed of Gift - Whether an unregistered transfer confers ownership of the land upon the transferee – Whether the execution of the instrument of transfer converts the transferor’s intention into ownership on the part of the transferee – Sale of land

Default judgment - Application for - Civil Procedure Rules, 2002 Rule2.4 and Part 12