2023

Restrictive Covenants - Restrictive Covenants (Modification and Discharge) Act - Application to modify Restrictive Covenants - Whether modification changes the character of the neighbourhood - Whether modification injures the persons entitled to the benefit of the restriction - Whether the covenants should be deemed obsolete - Whether the existence of the covenant impedes reasonable use of the land.

Application to set aside default judgment - Default Judgment entered at inter
partes hearing binding on parties - Whether five-month constitutes delay – Issues raised on application not reviewable by Judge of concurrent jurisdiction - Rules 1.1,13.3, 42.2, Civil Procedure Rules, 2002

Civil Procedure - Civil Procedure Rules 10.3(1) and (9) and 26.1(2) - Application to extend time to file defence

The Property Rights of Spouses Act - Division of Family Home- What constitute the Family Home - Variation of the Equal Share Rule - Property acquired before Marriage.

Civil Procedure - Application for security for costs - Relationship between the discretion given to the court to require a corporate claimant to provide security for costs under Section 388 of the Companies Act and Part 24 of the Civil Procedure Rules - Whether there is a probability of the claim being stifled or it would be otherwise unjust to require the corporate claimant to give sufficient security for costs in exercise of the discretion given to the court at section 388 of the Companies Act.

Judicial Review - Failure to issue Firearm dealers’ licence - Gunsmith’s licence &
Firearm range licence - Legitimate Expectation - Duty of decision maker to give
notification of its decision - Firearms Act, 1967 - Interpretation Act, 1968 - Civil
Procedure Rules, 2002 Rule 29.1(1), Rule 29.1(2), Rule 30.3

Insolvency Act - Claim by Trustee for fees and related matters - Application by Creditors or Inspectors representing creditors to intervene - Preliminary Application to remove Trustee - Creditors’ claims conditionally admitted - Whether Trustee obliged to follow directions of Committee of Inspectors - Whether Inspectors represent majority of Inspectors - Whether meeting of creditors lawfully constituted - Observations on the duty of the Trustee.

Civil practice and procedure - Security for costs application - Ordinarily resident abroad - No assets in the jurisdiction - Whether unable to pay costs -  Delay in bringing the application 

Tort - Malicious prosecution - Whether or not investigating officer had reasonable and or probable cause to prosecute. 

Application for Interim Injunction - Whether there is a serious issue to be tried- Whether Damages would be an adequate remedy - Whether the Claimants have a transferrable interest in property- Adverse Possession - Sections 81 and 160 of the Registration of Titles Act - Section 30 of the Limitation of Actions Act.