2022

Application for leave to apply for judicial review - Constitutionality of delegation instrument – Accountability Agreement - Regulation 17(1) of the Public Service Regulations – Bias – Legitimate expectation – Right to a hearing – Obligation to give reasons for decision.

Application for a stay of proceedings - Section 27, 48(E) and 48(G) of the Judicature (Supreme Court) Act - Rule 26.1 (2) (E) of the Civil Procedure Rules, 2002 – Application pursuant to section 57 of the Proceeds of Crime Act.

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

Application to for 3rd further amended particulars of claimant – Application for further supplemental witness statement – Limitation period – Primary considerations – Is the amendment a new cause of action or arising from same facts – What is a disability – Injuries should be sufficiently pleaded – Prolix pleadings – Expert report – Factors for compliance.

The Hague Convention on the Civil Aspects of International Child Abduction 1980-Articles 3, 11, 12, &13 -The Children (Guardianship and Custody) Amendment Act

Civil Practice and Procedure – Striking Out Statement of Case – Rule 26.3 (1) (a), 26.3 (1) (b) and Rule 26.3 (1) (c) of the CPR – Application for Summary Judgment on Defendant’s Counterclaim – Rule 15.2 of the CPR

Extensive delay satisfactorily explained – Erroneous information highly persuasive in grant of Order for substituted service – No full and frank disclosure of material facts – What constitutes reasonable efforts by an insurer to locate defendant varies – Each case turns on its peculiar facts – Court should be satisfied that contents of statement of case has come to defendant’s attention before Order can be made – Order should be set aside where reasonable efforts to locate defendant have failed – Reasonable efforts must not be so onerous as to be unrealistic to achieve – Steps taken display

Application to strike out claim – Applicant alleges no reasonable ground for bringing the claim – Allegations that Registrar of Title did not act with bona fides – No allegations of fraud made against Registrar – Whether claim against Registrar should be struck out.