Civil practice and procedure – Application to register foreign judgment – Judgment registered by the local court not the correct judgment of the foreign court – Omission in judgment corrected by the foreign court prior to application to register in the local court – Authenticated copy of judgment presented to local court for registration without a copy of the order of amendment – Defendant not applying to set aside the registration of the foreign judgment in the time competent for him to do so – No extension of the time to apply to set aside was applied for or granted within the time compet
Wri of seizure and sale - Application for stay - Appeal against issue of writ of seizure and sale for a default costs certificate - Whether Civil Procedure Rules require execution of a money judgment - Whether defendant entitled to 14 days after default costs certificate is issued - PRO Rules 46.4(1) and 65.12(b) - Whether risk of injustice.
Negligence – Duty of care owed by statutory body - Exception to whom duty of care is owed; Criminal activity vitiate duty of care - Variance between pleadings and evidence.
Insolvency - Companis Act section 93 - Commencement date of winding up - Mortgages - Failure to register charges with Registrar of Companies - Whether mortgagees are secured creditors - Whether winding up commences with ertificate of Assignment under Insolvency Act - Whetehr category 3 or 4 creditors.
Amendment sought by claimants after initial closing submissions – Facts on which amendment based already known – Defendant not caught by surprise – Principles that should guide court in determining application – Scope of powers in the Registration of Titles Act (ROTA) to correct “errors” – S.
Tort - Malicious prosecution -Whether claimant proved damage - Claimant identified while in holding area - Whether reasonable and probable cause to prosecute - False imprisonmnet - Whether initial arrest lawful - Claimant taken before court several days after being charged - Whether detention unduly long and unexplained - Assault - Claimant not cross-examined - Effect of failure to cross-examine.
