2023

Interpartes hearing of interim injunction - Whether there is a serious issue to be tried - Whether damages would be an adequate remedy - Effect of material non-disclosure by the applicant.

Application under the Property (Rights of Spouses) Act (PROSA) - Whether property is the family home – Alternatively, whether property is property other than the family home – Whether claimant is entitled to 50% interest in property under section 14 (2) of PROSA – Whether the claimant is entitled to an interest in the property under a constructive trust if PROSA does not apply

Property adjustments under the Property (Rights of Spouses) Act 2004 (PROSA) – Whether property is the family home – Whether the equal share rule should be varied – Other property and the application of factors under section 14(2) of PROSA – whether other property was a transfer by way of gift – Allotment and issuing of shares - Sections 38 (1), 38(5)(a) and (b) of the Companies Act – Whether a claim to a percentage interest in shares and a share of profits in a limited liability company are sustainable without the company being a party to the claim.

Beneficial interest in property - Whether the defendant holds the legal interest on a resulting or constructive trust for the claimant – Whether there is a presumption of advancement

The supervisory jurisdiction of the court over its officers - Whether the jurisdiction is limited to undertakings given by attorneys-at-law - Whether it is compensatory or punitive – Whether the fixed date claim form discloses reasonable grounds for bringing the claim - Whether defendants waived their right to make the preliminary objection by filing an affidavit in answer - Whether a cause of action needed for declaratory relief - Whether undertaking given to the court merged into the final judgment

Equity – Constructive and Resulting Trusts, Proprietary Estoppel – Joint Tenancy - One joint tenant is deceased – Whether joint tenancy severed by separate acts of the joint tenants – Whether tenancy severed by course of conduct.

Civil Practice & Procedure – Tort – Passing Off – Whether the Defendant has breached the tort of passing off by using the name ‘Jungle Fiah’ – Elements of Passing Off – Whether the Claimant has established goodwill or reputation in the name “Jungle Fyah” – Whether the Claimant has demonstrated a misrepresentation by the Defendant to the public by using the name ‘Jungle Fiah’ – Whether the Claimant suffered or is likely to suffer damage due to misrepresentation – What remedies, if any, are available to the Claimant - Remedies – Whether the Claimant is entitled to an Order for recovery of

Injunction – Application for the grant of an interlocutory injunction – Application for the grant of an interlocutory injunction made against the background of a constitutional claim challenging the legality of an inmate being held in solitary confinement – Whether there is a serious issue to be tried – Whether the application is frivolous and vexatious or amounts to an abuse of the process of the court Natural justice – Due process – Inmate allegedly found in possession of a prohibited article – Inmate employed to his cell while investigations are pending – Whether inmate afforded the righ

Application to strike out statement of case - Application under CPR 19.4 and CPR 20. 6 - Whether claim against defendant without legal personality can be amended under CPR 19.4 to substitute a legal entity - Whether correction to name of defendant can be made under CPR 20.6.

Receivership and Bankruptcy – Sale of assets – Application to approve sale – Whether best price obtained – Expert opinions – Relevance and treatment of expert opinions – Whether unsigned report admissible- Relevance of whether “commercially reasonable” effort to sell made - Observations on principle of open justice- Observations on the distinction between a court appointed and a privately appointed Receiver.