2021

Application for leave to apply for Judicial Review - Test for granting leave - Whether threshold met.

Negligence - Liability of a child in negligence - Whether child under age twelve years can be liable in negligence - Whether school liable for injury to child - Causation.

Companies Act – Application for permission to bring derivative action – Whether Respondent has a cause of action related to the government’s breach of a Memorandum of Understanding - Whether section 212 notice to directors adequate - Whether shareholders and/or “the secretariat” are valid intended defendants to the intended derivative action - Whether intended claim is in the interest of the company.

Negligence - Whether claimant sustained injury - Assessment of damages

Costs – Application for leave to apply for judicial review discontinued – Application for the costs of the discontinued application for leave to apply for judicial review made by statutory body – Whether the making of the application for leave to apply for judicial review was unreasonable – Whether the conduct on the part of the applicant for leave to apply for judicial review was unreasonable – Whether an alternative remedy was available to the applicant for leave to apply for judicial review at the time of the making of the application – Whether a review board was in existence at the time

Division of property – The proper procedure for the commencement of proceedings under the Property (Rights of Spouses) Act – Whether the purported claim is an irregularity or a nullity – Whether the irregularity is a defect that can be cured – Limitation period – Whether the purported claim is statute barred – Effect of failure to file an application to extend time to apply for the division of property – The division of property under the Partition Act – The Property (Rights of Spouses) Act, sections 2(1) and 13, The Partition Act, sections 2(2), 4 and 5, The Civil Procedure Rules, 2002, ru

Disclosure – Specific disclosure – Application for specific disclosure of audited financial statements – Application made within the hearing of the assessment of damages – Whether the documents to be disclosed are or have been in the defendant’s possession or under its control – Whether the documents to be disclosed are directly relevant to one or more matters in issue – Whether an order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Whether an order for specific disclosure should be made at this late stage – Civil Procedure Rules, 2002, rule

Negligence – Motor vehicle collision – Vehicle stopped in the vicinity of the entrance to a school some distance from a corner – Vehicle colliding with the rear of that which had stopped – The duty of care – The duty of care in terms of proper care – Reciprocated duty – Road code – Breach – Effect – Breach creating no presumption of negligence – Contributory negligence – Credibility of witnesses

Interim injunction – Breach of Concession Agreement – Whether notice was in
breach of s. 26 of the Rent Restriction Act – Whether the matter ought to have been
referred to Arbitration as per the Agreement.

Company law - Procedure for removal and appointment of director by sole
shareholder - Section 179 of the Companies Act - Procedure for removal of director
on the ground of mental incapacity