Civil Procedure - Application for Summary Judgment - Whether Defence and Counterclaim have a real prospect of success – Whether Defence to be struck out for not disclosing reasonable grounds to defend the claim - Civil Procedure Rules 15. 2 and 26.3
Jurisdiction - The supervisory jurisdiction of the court over its officers - Whether the jurisdiction is limited to undertakings given by attorneys-at-law - Whether it is compensatory or punitive – Whether the fixed date claim form discloses reasonable grounds for bringing the claim - Whether defendants waived their right to make the preliminary objection by filing an affidavit in answer - Whether a cause of action needed for declaratory relief - Whether undertaking given to the court merged into the final judgment
CPR - Whether the hearing of an application for interim injunction was a Case Management Conference – Whether permission was required to file amended pleadings – CPR 11.3 – CPR 20.1 – Practice Direction No 20 of 2021
Adverse possession - Joint tenancy - Extinction of title by one joint tenant - Joint tenant claiming to have dispossessed co-tenant - Sections 3 and 30 of the Limitation of Actions Act
Damages - Motor vehicle accident - Entering a major road from a minor road - Whether the defendant liable in negligence for injuries suffered by the claimant - Muscle spasm, pains to neck and wrists - Assessment of damages - Whether award should be made for diminution of earning capacity - Whether claimant failed to mitigate his losses.
Negligence - Motor vehicle accident - Whether the defendant liable in negligence for injuries suffered by the claimant - Whether the claimant has established that the defendant breached his duty of care.
Mortgages - Whether claimant permitted to exercise power of sale over land excluded from the mortgage – Section 106, 68 and 71 of Registration of Titles Act – Section 63 of the Trust Act