2019

Presumption that joint equitable ownership flows from joint legal ownership – Rebuttal of presumption a heavy burden but can be displaced by showing a different common intention – Common intention to be deduced objectively from parties words and conduct – The court should consider what is fair having regard to the whole course of dealing between the parties in instances where the intended shares are uncertain – Factors to consider in determining common intention include financial contribution and the purpose for which the property was acquired – Occupation rent – Central consideration is fo

Negligence - Medical negligence - Law Reform (Miscellaneous Provisions) Act - Fatal Accidents Act.

Contract - Breach of Contract - Agent’s failure to pay sum due under a contract
Evidence - Whether sufficient evidence of the integrity of the system which is being relied upon to establish debt
Defamation - Whether sufficient evidence adduced on counterclaim

Civil Procedure - Joinder of party – Whether mortgagee should be joined on an application to restrain the registrar of lands from registering an order foreclosure.

Statutory Interpretation – Whether there is a requirement under section 119 of the Registration of Titles Act for a caveator claiming a beneficial interest to be served with a notice of intention to make an application for foreclosure – Whether there is a requirement for such a notice if the caveat is based on a beneficial interest awarded by the court.

Civil Practice and Procedure - Oral application to strike out claimant’s statement of case for breach of order of the Court - Rule 26.3 (1) (a) of the Civil Procedure Rules - The Property (Rights of Spouses) Act - Extension of time not sought or granted before the claim was filed - Validity of the claim.

Assessment of damages - Negligence – Personal injury – Judgment in default of defence - General damages – Special damages

Civil Practice and ProcedureNotice of Application to set aside Default Judgment - Rule 13. 3 of the Civil Procedure Rules - Principles to be applied in setting aside a Default Judgment.

Equity – Constructive and resulting trusts – Tenants in common – Whether the claimant is entitled to a greater interest in land than that endorsed on registered title

Civil Practice and Procedure - Costs - Default Costs Certificate obtained against the Defendants - Defendants’ Notice of Application to set aside Default Costs Certificate - Rule 65.22 of the Civil Procedure Rules - Factors the Court should consider in setting aside Default Costs Certificate.

Application for striking out of Defence and/or Summary Judgment – Whether there exists reasonable grounds for defending the claim pursuant to rule 26.3(1)(c) of the Civil Procedure Rules or a real prospect of successfully defending the claim pursuant to rule 15.2(b) of the Civil Procedure Rules – Defendant lacking locus standi as either shareholder or creditor of company to defend action on behalf of company – The company was the mortgagor and has a separate legal personality – Only the company has the legal standing to challenge the transfer of title pursuant to mortgagee’s power of sale –