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
Appeal against the findings of the Fair Trading Commission - Appellate jurisdiction of the Supreme Court - Sections 7, 19, 20, 21, 22 and 49 of the Fair Competition Act - Part 60 Civil Procedure Rules, 2002 - Anti-competitive practices - Whether hearing should have been held- whether sufficient opportunity to be heard afforded - Whether an expressed promise or policy establishes a legitimate expectation - Whether there is a breach of procedural fairness
Application for amendments to Claim Form after Case Management Conference –Whether the amendments constitute a new cause of action- whether application to amend should extend to new provisions regarding interest rate – Civil Procedure Rules, 2002 Rule 20.4 (2) and 1.1, The Limitation of Actions Act – Law Reform (Miscellaneous Provisions) Act
Preliminary Point - Application to commence derivative action – Company Law - sections 174A and 212 of the Companies Act – Whether application to bring
derivative action can be commenced by way of Notice of Application for Court Orders - Whether a company director should be a named Respondent
Application for Relief from Sanction - Part 26 of the Civil Procedure Rules (2002)
- Test of promptness - good explanation - general compliance - interest of the
administration of justice
Sections 55, 56, 57, 58, 84, 85, 86, 87 and 89 of the Proceeds of Crime Act - Rules 8.3 (1), 10.8, 10.9, 10.10 of The Judicature (Supreme Court) (Proceeds of Crime) Rules, 2021 - 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 - Default judgment
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 – Financial Services Commission Act- The Companies Act - Whether defendants at liberty to wind up company and dissipate funds – Whether temporary manager redundant – Whether claimant vested with full and exclusive management over 1ST defendant – Whether cause of action must be established – Whether there is a serious issue to be tried -- Whether there has been material non-disclosure – Whether undertakings as to damages required by
Application for Interim Injunction - Whether there is a serious issue to be tried- Whether Damages would be an adequate remedy - Whether the Claimants have a transferrable interest in property- Adverse Possession - Sections 81 and 160 of the Registration of Titles Act - Section 30 of the Limitation of Actions Act.
Application for a Stay of Civil Proceedings - Rule 26.1(e) Civil Procedure Rules, 2002 – Disclosure in criminal proceedings - Whether there is a real as opposed to a notional risk of serious prejudice - Right of silence in criminal proceedings – Real risk of injustice
Contract for sale of land - Breach of contract - Whether there are sufficient acts of part performance by party - Equitable remedy of specific performance.