Case law
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Division and case type: CivilCivil Appeal
…In the circumstances, when the plaint was looked at fairly and squarely, it clearly disclosed no cause of action on the part of the respondent against the appellant.…
…In those circumstances, the judge ought to have allowed the appellant’s chamber summons and struck out the plaint as disclosing no cause of action.…
Division and case type: CivilCivil Appeal
…of action. (2) The requirements of this subsection are fulfilled in relation to a cause of action if it is proved that material facts relating to that cause of action were or included facts of a decisive character which…
…Sec. 28(2) provides: “(2) Where such an application is made before the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates; if, but only if, on…
Division and case type: CivilCivil Appeal
…the defendants; (2) the plaint discloses no cause of action; and (3) the suit be dismissed with costs.…
…Thereafter the defendants took out a chamber summons under order 6 rule 13 of the Rules seeking (i) an order that the plaintiff has no cause of action against the defendants; (ii) an order that the plaint discloses no cause…
Division and case type: CivilCivil Appeal
…of action arose.…
…of action arose or at the time the writ in this action was issued. 61.…
Division and case type: CivilCivil Appeal
…The cause of action could not at that very late stage be questioned. The evidence which was adduced in the proceedings for assessment of damages was specifically for that purpose and for none other.…
…That evidence was not intended to establish the existence or otherwise of a cause of action. A judgment which is entered in default of appearance for a defendant presupposes that there is a cause of action.…
Division and case type: CivilCivil Appeal
…Secondly, in addition to the required particulars having been already supplied, because of the nature of the plaintiff’s cause of action.…