2019

Real Property - Division of Property- Tenants in Common – Whether parties whose names appear on title hold beneficial interests in property - Whether Defendants hold property on trust for the Claimants – Whether Court finds beneficial interests different from legal interests - Whether Ancillary Defendants committed trespass, nuisance and assault against Ancillary Claimants – Whether co-owner of property can sue other co-owner for trespass - vicarious liability – whether agency

Constitutional law - Judicial Review - Decision to terminate licence - Whether municipal authority correctly terminated a licence to use premises - Whether interim injunction to be granted - Freedom of expression.

Application for leave to apply for Judicial Review - Court acts as the gate keeper - Role of the Judicial Review Court - Alternative statutory remedy - Appropriateness - Powers of the appeal tribuna l- Illegality/ Unlawfulness - Exceptional circumstances- Interim Injunction- Balance of convenience - Irremediable prejudice - What constitutes consultation- Failure to consult - Failure to give reasons - Potential for bias - Failure to pursue alternative statutory remedy- Pension Fund - Trustees discretion- Interpretation of legislative provisions – Irrationality of decision

Family Law - Custody and Maintenance of children – Access, whether supervised or unsupervised - Children (Guardianship and Custody) Act – Maintenance Act

Application for Extension of Time to File Defence pursuant to rules 10.3 (9) and 26.1(2)(c) of the Civil Procedure Rule (CPR) as amended – Length of Delay – Whether a good explanation is offered for the delay – Whether the Defendant has a good defence – whether the Claimant would suffer prejudice if the application is granted.

ASSESSMENT OF DAMAGES – PERSONAL INJURY

Contract – Mental capacity to contract – Defendant’s mental disorder – Knowledge of the other contracting party – Averment of knowledge – Onus of proof – Whether the separation agreement is voidable by virtue of the defendant’s mental disorder – The bases on which matrimonial property is to be divided between the claimant and the defendant – Mental Health Act, section 2, The Property (Rights of Spouses) Act, sections 2, 4, 10, 13, 14 and 15

Civil Procedure – Application to adduce further evidence – Whether further evidence can be adduced after the close of the evidence and before judgment is delivered – The relevant test to be applied

Admissibility of statement of unavailable witness – Proof of conditions precedent
to reception in evidence – Procedure to determine admissibility at trial –
Statement must be relevant and its prejudicial effect should not outweigh its
probative value – Contract of insurance is a contract uberrima fides – Assured
has obligation to be truthful and make full disclosure of material facts – Insurer
seeking to avoid contract has a duty to establish that material facts were
misrepresented/undisclosed and that it was induced by the misrepresentation/

Petition for Dissolution of Marriage – Application for Custody and maintenance of children - Whether child is a child of the family – Divorce not yet final – Matrimonial Causes Act - Children (Guardianship and Custody) Act – Maintenance Act