[Ruling] Civil Practice and Procedure – appeal – injunction – application for an injunction pending appeal – discretion of the Court of Appeal on such an application unfettered – matters which the applicant needs to establish to the Court – circumstances in which the Court will interfere with the exercise of discretion by a judge of the superior court - Court of Appeal Rules rule 5(2)(b)    

Insurance law – insurance policy – comprehensive motor vehicle insurance policy – insurer rejecting the insured’s claim for compensation for alleged theft of motor vehcle on the ground that the theft had not occurred – termination of insurance policy - suit by insured claiming a declaration that the insurer had wrongfully terminated the policy, the insured value of the vehicle and loss of earnings – insurer alleging that if there had been any theft at all, the insured had failed to notify it in time as required under the policy – alleged delay of nine days in reporting the theft to the insurance brokers – allegation that the insured had not taken all reasonable steps to safeguard the vehicle from loss or damage – whether the insured was entitled to damages that arose as a consequential losses such as loss of earnings arising from the theft of the vehicle – whether the insurer had properly repudiated the policy – whether the insured was entitled to compensation.

Evidence – burden of proof – claim by an insured for compensation from insurer for a stolen motor vehicle – insurer averring that no theft had occurred – whether the onus of proof fell on the insurer/defendant to show that the theft had not indeed occurred – whether it was sufficient for the insurer to merely raise a suspicion that the theft had not occurred through inconsistencies in the insured’s evidence – Evidence Act section 3(2).

Civil Practice and Procedure - judgment – delivery of judgment – delay in delivery of judgment – failure by a court to deliver judgment within 42 days of the conclusion of the trial - delay of eleven and a half months - whether delay and interfered with the judge’s grasp of the case – whether the delay rendered the judgment null and void – Civil Procedure Rules Order 20 rule 1

TORT – negligence – road traffic accident - apportionment of liability – measure of general damages for personal injuries – appeal against finding on liability and award of damages – factors courts consider in such appeals – validity of order

CIVIL PRACTICE AND PROCEDURE - suit – filing of – summons to enter an appearance were sent to the applicant but they did not file a defence – where judgment was entered against them - factors court considers in such circumstances - applicable principles – validity of order - Civil Procedure Rules Order 4 Rule 3(4)

[RULING] Civil Practice and Procedure-summons-where the summons presently before the court raises nearly similar grounds to an earlier issued summons-whether the filing of a multiplicity of applications over matters which could be encompassed in one application amounts to an abuse of the court process

[Ruling] – CHARGE – chargee’s statutory power of sale – exercise of – respondent sought to recover monies owed to it through statutory sale – applicant that notice was not given and the property was not sold lawfully – proof of – factors the court considers in such applications – validity of order - Auctioneers Rules Rule 15(d)

INJUNCTION – temporary injunction – application for – applicant sought to restrain the respondent from selling the suit property – applicable principles – whether the applicants established a prima facie case

[Ruling] Civil Practice and Procedure – appeal – stay of execution of decree and for injunction pending appeal – nature of the discretion of the Court of Appeal on such an application: jurisdiction original and discretion – matters which will need to be established to the satisfaction of the Court - Court of Appeal Rules rules 1(2), 5(2)(b)

[RULING] Injunctions-interlocutory-where the applicant did not disclose to the court that he was involved with the defendants in another litigation over the same suit property-validity of the application

[Ruling] – INJUNCTION – temporary injunction – application for – applicant sought orders to restrain the respondent from trespassing onto the suit property – where the second defendant is the legal owner of the property - Civil Procedure Rules Order 39 Rules 1, 2, 3 and 4

LANDLORD AND TENANT – controlled tenancy – where the tenant failed to renew his lease and became a controlled tenant – whether such a tenancy is entitled to notice of termination of tenancy - Landlord and Tenant (shops, hotels and catering establishments) Act (Cap 301) section 22(1)

Criminal law – robbery with violence – second appeal against conviction and sentence - - CRIMINAL PRACTICE AND PROCEDURE – record of proceedings – where the record of trial proceedings fails to show the name and rank of the public prosecutor on three occasions – record showing that there had been a proper/qualified prosecutor on the other occasions – whether the trial had been proper - Penal Code section 296(2)

Evidence – accomplice evidence – how a trial court should handle such evidence – whether it was proper for the trial court and the first appellate court to accept the identification evidence of an accomplice whom they had found was not a credible witness – whether the accomplice evidence was incapable of corroboration and should have been rejected in toto – dock identification – identification of a robbery suspect in court ten months after the robbery – whether the dock identification evidence was conclusive and sufficient to found a conviction.