Case law
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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: FamilySuccession Cause
…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.…
Division and case type: CivilCivil Case
…[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.…
Division and case type: CivilCivil Case
…Mr Taib Ali Taib dismissed as irrelevant to the instant application, saying there is no authority for saying that internal rules must be exhausted before coming to the Court; and that immediately a wrong is committed, a cause…
…of action arises and a person aggrieved is entitled to come to Court without waiting for school rules to be followed.…