2022

Civil Procedure –– Whether time has expired for making application to challenge the jurisdiction of the court - Whether the defendant has waived the right to challenge the jurisdiction of the Court - Service of a claim form after the period of validity – Civil Procedure Rules 8.14, 9, 10 and 26.9.

Claim for an equitable interest – Proprietary estoppel – Promissory estoppel Claim for beneficial interest – Burden and standard of proof – Adverse possession against a party who no longer has title – Claim based on adverse possession – Whether claimant was a licensee - Whether the provisions of PROSA apply to disputed property – Proprietary/Promissory estoppel – Application for a declaration of spouse – Whether the deceased was a single man for the material period – Credibility of witnesses – Costs – The appropriate costs order to be made in respect of these matters

Interdiction – Whether there should be a hearing before a public officer is interdicted – Whether there should be a hearing before salary is withheld upon interdiction - Whether salary constitutes property
Tort – Malicious prosecution – Whether the customs officers acted with malice in prosecuting the claimants – Whether the customs officers acted with reasonable and probable cause in prosecuting the claimants –

Civil Practice – Application to vacate committal order - Defendant company judgment debtor - Order for payment made against company - No enquiry into assets of company or its ability to pay – Whether jurisdiction to make committal order against director.

Civil Practice - Appointment of expert witnesses - Disclosure of documents -Whether expert has to be independent - Whether expert qualified by experience -Whether two experts to be permitted to give evidence on same issue - Whether real likelihood of bias - Whether documents requested directly relevant – Observations on meaning of “legal vacation”.

Company Law - Derivative action - Application to have company pay costs of derivative action - Application to strike out or stay derivative action – Whether matter of costs discretionary - Whether fair and just - Whether court having granted permission to bring claim an application for summary judgment is maintainable - Whether company articles permit an indemnity to directors - Whether section 201 of Companies Act prohibits indemnity.

Security for costs – Part 24 of the Civil Procedure Rules – Company incorporated outside the jurisdiction – Counterclaim- Crabtree Tree Principle.

Application for injunction – Whether serious issue to be tried and damages an adequate remedy – Validity of Notices to Quit served – Expired lease with holding over Clause for premises exempt under the Rent Restriction Act – Whether a Landlord had a right after determination of a tenancy for exempted premises can use self-help to retake possession of rental premises.

Interlocutory injunction - Mandatory effect – Defendant (bank) froze Claimant’s (a customer) accounts – Claimant’s business in jeopardy - Breach of contract - Whether reason advanced justifies breach - Whether speculation as to possible breach of Proceeds of Crime Act a sufficient justification.