2022

Detinue and Conversion - Vehicle destroyed while in lawful custody – Definition of demand – Definition of refusal – Definition of wilful interference – Neglecting to release vehicle same as refusal - Value of vehicle not released different than damages - Time runs from the date of the refusal of demand - Replacement value and damages allowable - Interest on replacement value – Interest on loss of use impermissible

Land- Fraud – Fraud defeats indefeasibility of registered title – Equitable interest – Actual notice – Registration of Titles Act

Setting aside default costs certificate – Civil Procedure Rules, 2002 Rule 65.22 - Interpretation of Court Order - Wasted costs - Civil Procedure Rules, 2002, Rule 64.13

Registration (Births and Deaths) Act,  S.32 and 35 – Cause of death unknown – Deceased inadvertently embalmed – Absence of post-mortem examination report – Issuing a burial order – Issue of a certificate of death.

Administrative law - Declaration - Re-enlistment in police force not automatic – Refusal to re-enlist before application is permissible – Hearing by way of review of decision to refuse to be granted –– Onus on applicant to show cause at hearing – Factors to be weighed - Legitimate expectation –– Conduct of claimant under review qualifies as public interest

Settlement Agreement – whether agreement binding – parties agreeing to terms of settlement – Defendant signing Settlement agreement but Claimants not signing due to subsequent conduct of the Defendant – Claimants eventually signing but question arising as to whether the agreement is binding – Neither party indicating that they had withdrawn from the agreement – Both parties seeming to act as if there was no longer an agreement – Cost awarded against successful party to the application due to conduct resulting in waste of Court time and unnecessary cost

Application to file defence out of time - Competing application to enter judgment in
default of defence - Power of a Transport Authority Inspector/Constable to seize a
public passenger vehicle alleged to be in breach of the Transport Authority Act.

Civil Procedure - Application for Relief from Sanctions - Promptitude in making application

Civil Procedure – Rule 15.2 of Civil Procedure Rules - Summary judgment - Whether the defendant has real prospect of success - Rule 26.3(1) of the Civil Procedure Rules - Whether the defendant’s case should be struck out.

Negligence – Duty of Care of Prison Authorities Towards Prisoners - Failure to Care for Prisoners in Custody – Whether Prison Authorities Failed to Ensure that the Claimant Received Proper Medical Attention Within a Reasonable Time When
Notified of Injury – Whether Failure of Authorities Caused the Injury to the Claimant.