Case law
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Division and case type: CivilCivil Case
…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.”…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…By the bringing of the application to substitute the plaintiff it was made clear both to the Court and the defendant that the estate of the deceased plaintiff was desirous of continuing the prosecution of the cause of action…