2021

Application for Summary Judgment – Claim for recovery of possession- Whether defence has real prospect of success - Whether 1st Defendant (an attorney at law) owed fiduciary duties to Claimant  - Whether breach of duty - Whether Defendants have real prospect of establishing a proprietary or other estoppel to prevent recovery of possession.

Application for summary judgement and to strike out - Building contract - “No assignment” clause - Whether 2nd Claimant lawfully assigned contract to 1st Claimant - Whether Defendant waived no assignment clause - Whether 1st Claimant entitled to claim in name of 2nd Claimant by subrogation - Whether claim has no real prospect of success.

Order for security for costs in the form of an unless order - Whether order in that form is permitted by the Civil Procedure Rules - Judgment entered after non-compliance with order 

Applicafion for relief from sanction - Principles to be applied 

Injunction - Principles to be applied
Breach of fiduciary duty - Principles to be applied - Whether maintainable against former director

Wrongful interference with contractual relations and procuring breach of contract – Distinction and principles to be applied
Breach of Confidence – Principles to be applied
Consent order – Whether real contract - Circumstances in which party may be permitted to withdraw consent

Civil practice and procedure - Application for summary judgment - Whether defendant has any real prospect of successfully defending the claim - Civil Procedure Rules, 2002 as amended, rule 26.3 - Application to strike out claim - Whether claimant’s statement of case is an abuse of process or discloses no reasonable grounds for bringing the claim - Civil Procedure Rules, 2002 as amended, rule 15.2

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.

Section 6 Wills Act – Whether the now deceased wrote his name at the foot of a document – Whether he intended the document to be his last Will and Testament – Whether the writing of the name and not a signature satisfies the Wills Act.