Injunctions - Interlocutory - Restraint on mortgagee’s power of sale - Whether there are serious questions to be tried - mortgagor denies executing restructured debt agreement - dispute as to applicable interest - concluded agreement for sale between mortgagee and third party - whether evidence capable of finding at trial of bad faith on part of mortgagee in entering into agreement - balance of convenience - Marbela principle exceptions.
Application for sale of land – Whether basis to refuse application - Hardship - Non disclosure of existing creditors – Whether jurisdiction to order sale and jurisdiction to make charging order separate and distinct - Whether Order to be suspended.
The Notice of Application for an interim injunction was refused. Upon the delivery of an oral judgment counsel on behalf of the Applicant and the Respondent requested that the reasons be reduced to writing.
Application for extension of time to obtain leave to seek Judicial Review – Revocation of Firearm User’s License by The Firearm Licensing Authority – No opportunity given to firearm licence holder to be heard – No response from the Review Board or the Minister of National Security to Applicant’s application for review – Application for leave to apply for Judicial Review
Application for recovery of possession – Request for indemnity – Procedure for bringing an action for indemnity – Manner in which proceedings for possession of lands should be instituted.
Application for Interim Spousal Maintenance – Whether Threshold Finding can be made – Maintenance Act, 2005 Sections 6, 14(4) and 5(2) – No longer Cohabitating Partners
Civil Procedure - Application to file amended defence and issue counterclaim after Case Management Conference - Facts supporting counterclaim are such that main relief is an administrative order to check the exercise of a statutory public duty - Knowledge of the result of the exercise of public duty for approximately 3 years - Adjourned trial imminent - Considerations.
Civil Procedure Rules (CPR) 39.6 - Application to set aside order made in the absence of a Defendant after trial - What is a reasonable explanation for the Defendant’s absence at trial - Whether reasonable steps taken by Counsel to notify the Defendant of the trial date.