2024

Civil Procedure & Practice –– Contract Law –– Breach of Contract –– Elements of a Contract –– Specific Performance – Proprietary Estoppel – Possessory Title - Unjust Enrichment –– Absence of Documentary Evidence –– Sale Agreement.

Judicial Review – Employment – Unjustifiable dismissal not challenged – Compensatory Award challenged for being Wednesbury unreasonable – Failure of IDT to consider all relevant factors – Parity with previous awards absent from findings and not considered – Award irrational.

Judicial Review - Application for leave – Insurance intermediary company – Registration cancelled – Whether the decision was unreasonable, unjust or ultra vires - Delay - Part 56 Civil Procedure Rules - The Insurance Act, sections 2, 77.

Land – Whether beneficial co-owner can dispossess registered proprietor who is co-owner – Co-owner executrix of unadministered estate – Whether wife of deceased co-owner is licensee of paper owner – Wife derives possession from husband – Joint occupation and possession entitles wife to possessory title against registered co-owner – Whether paper owner has standi to bring claim against wife for recovery of possession after husband dies.

Application for Interim Injunction –– Factors considered by the Court in granting an Interim Injunction –– Whether there are serious issues to be tried –– Whether the Balance of Convenience lies in favour of the grant of injunctive relief –– Whether damages are an adequate remedy –– The American Cyanamid Test –– Section 49 (h) of the Judicature (Supreme Court) Act.

Civil Procedure and Practice –– Specific Disclosure –– Application for specific disclosure of audited financial statements –– Whether documents requested are directly relevant to the claim –– Whether an order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs ––Rules 28.1, 28.6, 28.7 of the Civil Procedure Rules.

Intestates Estates & Property Charges Act –– Application to be declared a Spouse –– Whether the deceased was a single man –– Whether the Applicant and the deceased lived together as a spouse –– Whether the applicant and the deceased lived together as though they were husband and wife for a period of not less than 5 years prior to the death of the deceased.

Leave for judicial review - Whether threshold test for leave met - Whether Special Report of the Integrity Commission amenable to judicial review - Whether orders of mandamus can lie - The Integrity Commission Act – The Corruption Prevention Act.

Equity –– Is an Oral Contract enforceable–– Whether the Claimant has an equitable interest in the property –– Whether the Claimant can rely on Proprietary Estoppel –– Specific Performance.

Civil Procedure – Disclosure – Specific Disclosure – Nature and Import of Pleadings – Criteria for Ordering Specific Disclosure – Whether documents requested are directly relevant to the issues in dispute – Whether documents requested are in the defendant’s possession or under its control – Whether an Order for specific disclosure is necessary in order to dispose of the claim fairly or to save costs – Civil Procedure Rules, 2002, Rule 28.1, 28.2, 28.6, 28.7 – Staff Orders for the Public Service, order 2.4(i).