2023

Easement - Right of Way - Methods for acquiring - Easement by express grant – Easement by implication - Easement by prescription - Whether claimant has an interest in land to enable acquisition of easement over lands adjoining registered strata.

Judicial review - Application for leave - Whether referral to Industrial Disputes Tribunal ultra vires - Whether Industrial Disputes existed - Whether waiver by conduct on part of interested party - Whether breach of Labour  Relations Code - Labour Relations and Industrial Disputes Act, Section 11A(1)(a) - Employment Termination and Redundancy Payments Act 1974 - The Civil Procedure Rules, 2002, Rule 56.3(1).

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

Restrictive Covenants - Restrictive Covenants (Modification and Discharge) Act - Application to modify Restrictive Covenants - Whether modification changes the character of the neighbourhood - Whether modification injures the persons entitled to the benefit of the restriction - Whether the covenants should be deemed obsolete - Whether the existence of the covenant impedes reasonable use of the land.

Application to set aside default judgment - Default Judgment entered at inter
partes hearing binding on parties - Whether five-month constitutes delay – Issues raised on application not reviewable by Judge of concurrent jurisdiction - Rules 1.1,13.3, 42.2, Civil Procedure Rules, 2002

Civil Procedure - Civil Procedure Rules 10.3(1) and (9) and 26.1(2) - Application to extend time to file defence

The Property Rights of Spouses Act - Division of Family Home- What constitute the Family Home - Variation of the Equal Share Rule - Property acquired before Marriage.

Civil Procedure - Application for security for costs - Relationship between the discretion given to the court to require a corporate claimant to provide security for costs under Section 388 of the Companies Act and Part 24 of the Civil Procedure Rules - Whether there is a probability of the claim being stifled or it would be otherwise unjust to require the corporate claimant to give sufficient security for costs in exercise of the discretion given to the court at section 388 of the Companies Act.

Judicial Review - Failure to issue Firearm dealers’ licence - Gunsmith’s licence &
Firearm range licence - Legitimate Expectation - Duty of decision maker to give
notification of its decision - Firearms Act, 1967 - Interpretation Act, 1968 - Civil
Procedure Rules, 2002 Rule 29.1(1), Rule 29.1(2), Rule 30.3

Insolvency Act - Claim by Trustee for fees and related matters - Application by Creditors or Inspectors representing creditors to intervene - Preliminary Application to remove Trustee - Creditors’ claims conditionally admitted - Whether Trustee obliged to follow directions of Committee of Inspectors - Whether Inspectors represent majority of Inspectors - Whether meeting of creditors lawfully constituted - Observations on the duty of the Trustee.