Application to set aside or vary order - Order was made granting leave to apply for
judicial review - Applicant not a party to claim for judicial review - Applicant not
served with application for leave - Whether order ex parte - If order not ex parte can
order be revoked or stayed by a judge of concurrent jurisdiction - Applicant asserts
interest as a party directly affected - Whether order should be varied or set aside.
How costs should be apportioned - Decision made partly in favour of the claimant, partly in favour of some of the defendants - Costs of defendant against whom claim need not have been brought.
Constitutional Law – Whether breach of constitutional rights – Right to equitable and humane treatment by public authority – Right to enjoy healthy and productive environment – Right to protection from torture, or inhuman or degrading punishment – Whether claimant provided with access to life-saving food and medication, meals and medication in a timely manner and adequate access to medical and dental care.
Whether claimant acquired right to possessory title over land – whether claimant
entered onto land by consent - Whether land purchased by defendants properly
identified on ground – whether title to land obtained by fraud – Whether lands part
of estate of deceased.
Constitutional claim - Application for constitutional relief - Breach of Fundamental Rights and Freedom - Right to protection of property from compulsory acquisition - S.
Whether the claimant has acquired rights to a possessory title to the disputed
parcels of land - Whether title fraudulently transferred to the Defendants - Whether
Claimant or defendants entitled to damages for trespass or mesne profits.
Negligence – Whether breach of duty of care- whether damage or injury to claimant – Whether claimant can rely on particulars of negligence not pleaded –Rule 8.9A of the Civil Procedure Rules – Whether doctrine of res ipsa loquitur applicable – Inevitable accident.
Civil Practice - Whether order irregular - Whether judge had jurisdiction to make order - Whether Judge of concurrent jurisdiction has the authority to set aside another judge’s order.
