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Latest judgments

Application for leave to bring judicial review proceedings – the test whether applicant has sufficient interest and whether matter is arguable – held matter arguable.

Appellant alleged he entered into an agreement with the Respondent to renovate and extend her house - whether court below erred in law and on the facts when ruling that the documents disclosed by the Plaintiff (Appellant) could not be relied on having been disclosed too near to the hearing date – held documents should have been admitted as there was nothing to show that the Respondent would suffer any prejudice

Creation of easements - Discontinuous easements - Right of way - Document of title - Road acess - Sections 3, 28 and 52(3) of the Land Registration Act - Land Registration Act has primacy over the manner and form of creating easements - Mondon & Ors v Weller & Anor [2016] SCSC 451 omitted to consider imperative provisions of the Land Registration Act - An easement is a registrable right and is required to be created in a specific form in accordance with the Land Registration Act - Appeal allowed - With costs to the respondent

Role of an appellate court in an appeal against findings of facts by a trial court - order for payment of double the costs of the action quashed - Appeal partly succeeds - With costs

Appellants’ father died intestate – whether letter to the bank asking wife to be a joint account holder conferred beneficial ownership on the passing of her husband – held it does not.