2021

Judicial review – Claim for judicial review – Availability of remedy – Certiorari – Wrongful dismissal of dean of discipline – Natural justice – Rules of natural justice not observed in dismissal procedure – Claimant not allowed to call witnesses at the hearing in the dismissal procedure – Whether an order of certiorari should be granted – The Education Regulations, 1980, regulations 55, 56, 57, 59, 61, 62 and 89

Landlord and tenant - Recovery of possession – Whether premises reasonably
required – Balance of hardship - Rent Restriction Act, section 25.

Application for leave to appeal – Real chance of success – Limitations of Actions Act – Fraudulent concealment – Jurisdiction of the Master – Striking out of claim – Date on which judgment takes effect – Considerations on application for leave to appeal.

Civil Procedure - Rule of the Civil Procedure Rules - Removal of executor - Law of Succession - Whether Grant of colligenda should be made - Law of Succession - Whether the chain of representation should be bypassed

Civil Procedure - Application to strike out claim form – Section 2 of the Law Reform (Miscellaneous Provisions) Act – Limitation Period – When does time begin to run for claims brought against a defendant on behalf of an estate – CPR 26

Assessment of damages – Negligence – res ipsa loquitur – Contributory negligence – Duty of care – Pain and suffering – Loss of amenities – Motor vehicle collision – Personal injuries proved – Expert’s report

Constitutional Law – Whether breach of constitutional rights – Right to equitable and humane treatment by public authority – Right to enjoy healthy and productive environment – Right to protection from torture, or inhuman or degrading punishment – Whether claimant provided with access to life-saving food and medication, meals and medication in a timely manner and adequate access to medical and dental care.

Claim for entitlement in property - Property (Rights of Spouses) Act, S. 2, 6,7,10,12,13  and  14 -  Family home - Equal share rule - Displacement /varying of the equal share rule 

Claim for conversion and detinue – Distinction between conversion and detinue – Remedies available in conversion and detinue – Whether the defendant received all of the disputed items – Which of the disputed items, if any, the defendant received, as gifts – Whether the defendant entered into a contractual agreement with the claimant to supervise the construction of the claimant’s house – Whether the defendant purchased and shipped any of the disputed items – Measure of damages for conversion and detinue – Quantum to be awarded as special damages to the claimant – Making of an award for loss

Claim for declaration of entitlement to property by ‘Adverse Possession’