Property Law — Declaratory relief — Ownership of immovable property — Applicants seeking declaratory order to recognize second applicant as owner of property registered in name of liquidated entity — Court finding applicants failed to establish prima facie case for ownership — Application dismissed with costs.
Labour Law — Leave to appeal — Application for leave to appeal against judgment of Labour Court — Plaintiff failing to demonstrate reasonable prospect of success on appeal — Court emphasizing stringent test for leave to appeal as per section 17(1) of the Superior Courts Act — Application dismissed with no order as to costs.
Warrant Enquiry — Contempt of court — Applicant charged with contempt following non-appearance at court — Judicial officer conflated administrative forfeiture with substantive criminal prosecution — Summary procedure followed without informing applicant of charges or rights — Conviction and sentence set aside as not in accordance with justice.
Administration of Estates — Removal of executrix — Application for removal of executrix of deceased estate — Father acting on behalf of minor children seeking removal of maternal aunt as executrix due to breach of fiduciary duties — Executrix used estate funds to pay personal legal expenses — Court finding executrix unsuitable to continue in office — Executrix removed and precluded from serving as trustee of testamentary trust, with punitive costs awarded against her.
Administrative Law — Judicial review — Small-scale fisheries — Appeal against dismissal of review application on preliminary points — Court a quo dismissing application without engaging merits — Appellants arguing that merits are significant and procedural grounds should not have been determinative — Court finding that failure to assess merits constituted a misdirection — Matter remitted for substantive determination.