Application to set aside ex parte order - Rules 11.16, 11.17 and 11.18 of the Civil Procedures Rules (CPR) - Confiscatin of assets order - Contrast between confiscation of assets order obtained under part 53 and writ of execution issued under part 46 of the CPR - Effect of order of court which has unlimited jurisdiction.
Matrimonial property – Division of property – Property (Rights of Spouses) Act., Sections 2, 6, and 7 - Maintenance – Whether child is a child of the marriage – Spousal maintenance.
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.
