2024

Mortgagee/Mortgagor dispute – Whether loan disbursed - Mortgagee exercising power of sale – Absence of proper records proving application of net proceeds of sale – Whether costs should be awarded on an indemnity basis against mortgagee.

Judicial Review – Whether available alternative remedies are to be considered at the substantive hearing if not addressed at the leave stage – whether the Court can in its own discretion send the matter to the Appeals Tribunal if it is of the view that judicial review should not be granted

Civil Procedure Rules, 2002 - Application to extend time to file defence -  Whether delay inordinate - Whether good reason for delay - Whether defence has any real prospect of success - Fraud - registered title.

Application to revoke order previously made using CPR rule 26.1(7) – Application for leave to appeal – Whether declaratory reliefs may be granted on an ex parte application for default judgment – Whether prerequisites of CPR rule 12.10(4) and (5) were satisfied – Whether absence of reasons for decision is a basis for granting leave to appeal.

Civil Procedure Rules, 2002 - Application to extend time to file defence - Whether delay inordinate - Whether good reason for delay - Whether defence has any real prospect of success  - Fraud - Registered title.

Commercial Law - Building Contract for luxury villa – Breach of Contract – Whether
Unjust Enrichment - Quantum Meruit – Whether Collateral Contract – Defective work

Commercial Law - Building Contract for luxury villa– Breach of Contract – Whether
Unjust Enrichment - Quantum Meruit – Whether Collateral Contract – Defective
work – Cost

Application for interim relief - Application to Strike Out Claim – CPR Rule 26.3(1) – Companies Act Section 213A – Derivative Action – Breach of fiduciary duties

Application for Entry of Judgment in Default – Application to Strike Out Claim and for Summary Judgment – Whether claim form personally served – Copyright Act – Companies Act – Whether claim particularized – Whether Claimant has locus standi-Whether real prospect of success.

Challenge to Probate - Uncertified prenuptial agreement - Section 10 of Property (Rights of Spouses) Act.