2020

Slip rule – Liberty to apply – Ambiguities or clarification – In what circumstances can a perfected order be altered – Set off – Can a court overrule the order of a court of concurrent jurisdiction

Dispossession by co-owner - Limitations of Actions Act - Factual possession - What constitutes animus possidendi.

Whether the 1st and 2nd defendants were joint or concurrent tortfeasors – classification of the defendants as joint or concurrent tortfeasors is ultimately not significant in this case – critical factor in determining whether settlement with 1st defendant bars continuation of the claim against the 2nd defendant is the nature and intendment of the settlement – no evidence to substantiate that settlement was in partial not full satisfaction of claim – basic rule/principle, that settlement extinguishes claim against other tortfeasor, which prevents the injustice of double recovery, is not disp

Claim arising from alleged procedural errors/unlawful actions in a prior claim – Proper forum to raise those issues is the Court of Appeal in appeal against outcome in prior claim – No separate cause of action arising – Constitutional claim inappropriate – Statement of case discloses no reasonable grounds for bringing the claim – Abuse of the process of the court

Civil procedure – Claim form filed close to the expiration of limitation period – Application to extend the validity of the claim form filed within life of the claim form – Whether it is appropriate to extend validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amended.

Civil procedure- Whether the Claimant has locus standi to bring or continue claim where it has omitted to add its registered suffix “S.A.” to its name in its statement of case.
Whether in considering the issue of locus standi the Court should consider whether the Claimant has sufficiently pleaded a legal assignment – Whether the claimant is required to plead an equitable assignment in the alternative.

Land law – Indefeasibility of Title – Registration of Titles Act ss.68, 70 and 71– Whether title holders are the legal owners of all the land comprised in the title – Whether Claimants are entitled to damages for trespass and loss of use of lot occupied by 2nd Defendant – Whether lot occupied by 2nd Defendant included in title by error of and/or wrong description of the parcels or boundaries – Whether disputed lot of land acquired by 1st and 2nd Defendants by ‘adverse possession’

Civil procedure – Claim form filed close to the expiration of the limitation period – Application to extend the validity of the claim form filed within the life of the claim form – Whether it is appropriate to extend the validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules.

CLAIM FOR DAMAGES FOR MALICIOUS PROSECUTION – WHETHER CLAIMANT WAS MALICIOUSLY PROSECUTED – WHO PROSECUTED THE CLAIMANT – WHETHER 2ND AND 3RD DEFENDANTS CAN PROPERLY BE HELD INDIVIDUALLY LIABLE – WHETHER THE 2ND OR THE 3RD DEFENDANT PROSECUTED THE CLAIMANT WITHOUT ANY REASONABLE AND/OR PROBABLE CAUSE – PROSECUTOR WHO IS A POLICE OFFICER HAVING ACTED ON INSTRUCTION OF CLERK OF COURT – ASSESSMENT OF DAMAGES FOR MALICIOUS PROSECUTION

Civil procedure – Claim form filed close to the expiration of the limitation period – Application to extend the validity of the claim form filed within the life of the claim form – Whether it is appropriate to extend the validity of the claim form after claim became time-barred – Rule 8.15 of the Civil Procedure Rules, 2002 as amende