2023

Family law - Application for legal guardianship of a minor - The Children (Guardianship and Custody) Act ss. 4, 8, 14(1), 20 - Mother of child was a minor - Father convicted of sexual abuse of mother - Whether parens patriae jurisdiction is to be exercised where both parents are alive - Whether the court has authority to disregard a parent’s objection in granting the application – Child in need of care and protection.

Probate and administration -  Intestacy - Application for directions - Entitlement to apply for a grant of administration – Rule 68.28 – Notice to beneficiaries under rule 68.21 - Executor de son tort – Whether acts carried out in the interest of the estate – Intermeddling in the estate by executor de son tort – Whether accounting is necessary.

Judgment Summons – Summons to Examine – Enforcement of Money Judgment – Burden of Proof – Whether judgment debtors had means or ability to pay - Observations on the Debtors Act, Part 52 of the Civil Procedure Rules 2002 and, the jurisdiction to commit persons for non-payment of judgment debts.

Civil Procedure – Whether claim can proceed where the enactment upon which the claim is premised is not stated – Whether Claimant’s statement of case is sufficient – Prejudice – Overriding Objective of the Court – Exclusion of Hearsay Document – Civil Procedure Rules 1.1; 8.7; 8.8; 8.9; 26.9 and 29.1

ASSESSMENT OF DAMAGES – Motor vehicle collision – Negligence – Special damages – General damages

Civil Procedure Rules – Rule 10.3(1) and 10.3 (9) - Permission to file defence out of time - 11 years elapsed between filing an acknowledgement of service and a defence - Reason for the delay - Whether there exists an arguable case - Sale of Land - Breach of contract - Fraud – Specific Performance.

Civil Procedure - Application to strike out the statement of case – Civil Procedure Rule 26.3– Adding of a party after the case management conference – Beneficial
interest in land – Adverse possession of land – Limitation of Actions Act – Crown Property (Vesting) Act.

Will - Construction – Testamentary intention – Court to interpret and give opinion, advice, directions and make Orders regarding unclear clauses of a Will - Section 39 of the Administrator-General’s Act.

Civil Procedure – Res judicata – The doctrine of res judicata – Issue estoppel – The doctrine of issue estoppel – Whether the instant claim is a collateral attack on a previous order of the court – Whether the instant claim offends the doctrine of res judicata – Whether the claim offends the doctrine of issue estoppel – Whether the formalities for the sale of land have been satisfied in respect of the purported sale and purchase of the subject property – Intestates’ Estates and Property Charges Act, sections 2(1) and 4(1), Interpretation Act, section 41

Application for leave for judicial review - Nature of the application for leave -
Burden of proof - Standard of proof - Whether private law contract being
pursued as public law matter – Whether impugned decision amenable to
judicial review - Who is a public officer – Private law right derived from statute
distinct from private law right derived from contract - Leave refused
application to be treated as ordinary claim.