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…When he filed it, the cause of action was very much alive, and the court felt confident enough to grant temporary orders of injunction upon the suit.…

…However, under the proviso to that subsection, costs of any action, cause or other matter or issue shall follow the event unless the court or judge shall, for good reason, otherwise order.…

…The court must, however, make a positive finding as to the existence of a cause of action. Once the court identifies a probable cause of action a prima facie case is established.…

…If the court holds that no cause of action is disclosed by the pleadings or that such cause of action as is pleaded is far too doubtful for it to rely on, the court must refuse the injunction.…

…Her cause of action against the second defendant which is pleaded in paragraph 8 of the plaint is even more difficult to understand.…

…In the circumstances I do not see how she can have any cause of action against M A but as the case has yet to come to trial; I do not have to deal with the point.…

…When a claim is compromised, the cause of action becomes merged and is supersedent by the compromise and a defence to the original cause of action is not a defence to an action brought to enforce the compromise.…

…The cause of action he contended arose of 22nd April, 1997, and the suit was filed after six years. The court was urged to find the plaintiff’s claim time barred.…

…Counsel referred to the Limitation of Actions Act to support the contention that a suit for recovery of money should be filed within 6 years from the date of the cause of action.…

…It is obvious the dates are not agreed neither is it agreed whether the cause of action arose after the appeal or on communication of the decision of that appeal to the Plaintiff.…

…The grounds of opposition included a contention that the Plaintiff’s suit against the 3rd Defendant had no chance of succeeding in the absence of privity of contract and any reasonable cause of action.…

…Amin for the 1st Defendant contended that the entire Chamber Summons application brought by the Plaintiff was an abuse of the process of the Court as the same lacked merit and failed to disclose any reasonable cause of action…

…The effect of the abatement was that under Rule 8(1) of Order XXIII of the Civil Procedure Rules, no fresh suit could be brought on the same cause of action.…

…Wandaba for the 2nd Defendant argued that since the Plaintiff’s cause of action against the 2nd Defendant was premised on the Judgment given in March, 1984, it was barred by section 4(4) of the Limitation of Action for having…

…35 rule 1(2) of the Civil Procedure Rules provides:- “The application shall be made by motion supported by an affidavit either of the plaintiff or of some other person who can swear positively to the facts verifying the cause…

…of action and any amount claimed.”…

…In the present case it is a common ground between the parties that the plaintiff’s high hopes for a large award in the case were dashed by the ruling of Shield J to the effect the suit disclosed only a cause of action for…

…He confirmed that had the defendant continued to pay its contribution at the rate of 35.7% until the full repayment of the loan, there would have been no cause of action against it.…

…which is a legal entity, can because of its corporate trading character might be ruined by defamation bring an action in defamation for words which are calculated to injure its reputation in its trade and business, the same cause…

…of action might not be open to an unincorporated association such as the first plaintiff in its own name (see Gatley on Libel and Slander, 4th Edition Paragraph 954 and Halsbury’s Laws of England, Fourth Edition paragraph…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…[1933] 2 K B I at p 9; that the development of fresh circumstances (as distinguished from a mere discoverey of fresh evidence on matters which have been open for controversy in the earlier proceedings), may found a new cause…

…of action based on adverse possession.…

…The 2nd defendant on the other hand has filed an application under order VI rule 13 of the Civil Procedure Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against…

…That therefore there is no cause of action against the 6th Respondent to warrant the orders sought by the Petitioner as against the 6th Respondent. vi.…

…Counsel also submitted that there is no cause of action against it and its presence herein is not necessary for the adjudication of the dispute.…

…That therefore there is no cause of action against the 6th Respondent to warrant the orders sought by the Petitioner as against the 6th Respondent. vi.…

…Counsel also submitted that there is no cause of action against it and its presence herein is not necessary for the adjudication of the dispute.…

…The defence is that the plaintiff’s dismissal from employment was proper and does not provide him with a cause of action in the suit. That is certainly an arguable point.…