2024

Land Law – Fraud – Defeasibility of title – Breach of contract of Sale for Land – Whether a contract was duly formed between the parties – Whether the Defendant/Purchaser completed payment of the purchase price – Whether the Defendant was a purchaser in possession or a Tenant – Whether the Registered Title was transferred to the Defendant by fraud – Whether a contract is still enforceable where there is fraudulent performance.

Civil Practice and Procedure – Application for Injunction – Whether there is a Serious Issue to be Tried – Whether or Not the Claimant Has Established a Case with a Real Prospect of Success in Nuisance Against the 1st and 4th Defendants.

Civil Practice and Procedure – Application for Injunction – Whether Damages is an Adequate Remedy for the Claimant – Whether the Balance of Convenience Lies with the 1st and 4th Defendants or the Claimants in their Competing Interests to Enjoy the User of their Respective Properties.

Interpretation of a Contract - Lease between initial tenants later assigned to Claimant – after death of landlord Claimant sought to exercise option to purchase – land occupied by the Claimant is larger than what is described in the lease – Construction of the term of the lease – Error in Contract – Whether business efficacy is a suitable method in interpreting contracts where an existing interpretation leads of an absurdity – Whether the Court should rectify the contract to reflect the true intentions of the parties – Specific performance – Damages

Application for security for costs against company – Section 388 of the Companies Act 2004

Contempt Proceedings - Breach of Injunction- Motion for Committal - Part 53 Civil Procedure- Civil Contempt - Standard of Proof - Purpose of injunction

Application for leave to apply for Judicial Review - Application for extension of time to apply for leave for Judicial Review - Failure to pursue alternative remedy - Legitimate Expectation - Section 18 of the Pilotage Act - Expediency.

Tort – Wrongful interference with goods – Detinue – Conversion – Whether there was a wrongful taking, detaining and disposal of the claimant’s property

Civil Procedure - CPR 13.2, 13.3 - Whether default judgment should be set aside because particulars amended after the default judgment was entered - Whether default judgment should be set aside because amended particulars were not served personally on the Defendant - CPR 39.6 - Whether judgment on assessment should be set aside as notice of assessment not served on Defendant  - Notice of assessment served by registered post - Service by registered post.

Civil Procedure - Claimant’s Application to Vary Order - Rule 26.1(7) - Slip Rule - Rule 42.10 - Extension of the Validity of the Claim Form - Claimant requesting 4th and 5th Extensions on the Validity of the Claim Form - Rule 8.15 - Specified Method of Service - Rule 5.14

Limitation of Actions – Adverse possession – Land – Registered land – Tenancy-in-common – Co-owners hold interest in land as tenants-in-common – Extinction of title of registered co-owner – Whether the now deceased co-owner was dispossessed of his interest in the land prior to his death – Whether the estate of the now deceased co-owner was dispossessed of his interest in the land subsequent to his death – Whether the interest of the now deceased co-owner passed to his estate upon his death – Whether the claimant has proven that she has been in open and undisturbed possession of the land for