Arbitration – Award - Bases for disturbing award
Contract – Construction contract – Value of work done – Whether value of performance bond as stated in bill of quantities is conclusive
Application for prohibitory and mandatory injunctions - Ultimate test for grant - Court should adopt the course that will cause the least irremediable prejudice to one or the other party - Adequacy of damages - Balance of convenience - No exceptional circumstances justifying departure from Marbella principle - Effect of delay on application for injunctive relief - Disirability of preserving status quo.
Contract – Principles to be applied by employer in making discretionary payment provided for by contract of employment - Whether discretion properly exercised -Whether decision relying on opinion of Auditor General without verifying its accuracy is irrational
Matrimonial Property – Parties divorced – Division of property acquired during the marriage –The Property (Rights of Spouses) Act, Sections 12, 13, 14 and 15.
Lease Agreement with arbitration clause – Application for stay of proceedings - Whether applicant ready and willing to do all things necessary to the proper conduct of arbitration – Proof required in readiness and willingness - Section 5 of the Arbitration Act
Civil Procedure – Application to set aside default judgment regularly obtained for failing to file defence –– No affidavit of merit – Whether there is justification to waive the requirement for an affidavit of merit – Overriding Objective – Rules 13.2 and 13.3 of the Civil Procedure Rules
Costs – Whether wasted costs order to be made – Rules 64.13 and 64.14 of the Civil Procedure Rules
