Civil procedure-Summary judgment-Interlocutory application for summary judgment-Whether summary judgment ought properly to be granted in favour of the claimant on the claim-Whether summary judgment ought properly to be granted in favour of the ancillary claimant on the ancillary claim-The Approach of the court in dealing with an application for summary judgment-Whether the defence to the claim has a reasonable prospect of success-Whether the defence to the ancillary claim has a reasonable prospect of success
Burden-Burden of proof-Standard-Standard of proof
Land-Joint tenancy-Land held as joint tenants-Severance of joint tenancy-Methods by which a joint tenancy may be severed-Whether the 1st defendant intended to sever the joint tenancy-Whether there is sufficient evidence which demonstrates an intention to sever the joint tenancy on the part of the 1st defendant-Whether there was an agreed intention between joint tenants to sever and joint tenancy
Specific performance-Part performance-Whether there are sufficient acts of part performance which are unequivocally connected to the land such as to demonstrate an intention to sever the joint tenancy-Whether the death of a joint tenant negates the agreed intention to sever the joint tenancy
Equity-Availability of an equitable remedy-Civil Procedure Rules, 2002, as amended, rule 15.2
