Rules 5.7, 5.19, 8.16, 12.4, 13.2, 26.9, 42.6, 45.2, 46.4 and 47.2 of the Civil Procedure Rules, 2002 – Section 387 of the Companies Act - Whether Default Judgment was irregularly obtained - Whether the Claimant’s Order for Seizure & Sale can be set aside after execution
Breach of Contract - Whether the Defendant is liable for failing to complete the modification of the unfinished building - Whether the Claimant breached the contract for failing to pay the Defendant in a timely manner - Whether the Defendant is in breach of the contract for leaving the work site - Whether the Defendant should be compensated for additional works.
Application for extension of time to file defence - Application for default judgment to be entered - Rules10.3(9), 12.1, 12.5 and 13.4, 26.1(2) (c) of the Civil Procedure Rules - Lengthy and inordinate delay - No good reason provided - Good and arguable defence
Sections 55, 56, 57, 58, 84, 85, 86, 87 and 89 of the Proceeds of Crime Act - Parts 10 and 12 of the Civil Procedure Rules, 2002- Application for Leave to Enter Judgment in absence of Defence - Civil recovery orders- Recoverable property - Unlawful conduct
Application to remove caveat – Injunction - Whether there is a serious issue to be tried - Whether damages are adequate – Balance of convenience – Specific performance - Breach of contract.
Whether the Claimant is entitled to payment of sums due and owing under the Defendant’s Pension Scheme - Limitation of Actions Act - Whether Claim is statute barred - Whether the Claimant is entitled to Damages for Fraud
Application for interim injunction pursuant to section 49(h) Judicature (Supreme Court) Act – rule 17.1(a), 17.1(4) and 17.2 of the Civil Procedure Rules, 2002 – Whether right of first refusal gives the applicant an equitable interest in property - Whether there is a serious issue to be tried - Whether damages an adequate remedy – Balance of convenience - Whether injunction is mandatory or prohibitory - Likely prejudice - Preservation of status quo
Breach of contract - Promissory note - Section 35,36 and 50 of the Stamp Duty Act - Whether sums advanced amount to a loan or deposit on acquisition of shares in company - Whether promissory - Note valid and enforceable - Whether equitable mortgage created.
Application for removal of Executrix - Duties of an Executrix - Fiduciary duties of Executrix Section 7 of the Trustees Attorneys and Executors (Accounts and General) Act - Section 2 of the Mental Health Act - whether Executrix liable for self-dealing - Whether Executrix mismanaged the affairs of the Estate - Failure to keep proper accounts - Whether beneficiary has capacity to sell his interest in the Estate - Undue influence