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…of action accrued.…

…any cause of action to which the application relates.…

…of action accrued.”…

…of action accrued.”…

…If the words complained of were not referable to the plaintiff whose name was not in the letter, then the plaint disclosed no cause of action and was bound to be struck out.…

…This view was also rejected as the plaint itself disclosed no cause of action. It was further argued that the trial judge in dismissing the plaint relied on the doctrine of absolute privilege.…

…That Act keeps alive, with few exceptions, causes of action which vest in a person since deceased.…

…To determine who may agitate by suit any cause of action vested in him at the time of his death, one must turn to section 82 (a) of the Law of Succession Act.…

…action.…

…of action, and; (c) that the suit and the application are res judicata.…

…I have no doubt the appellant was taken by surprise by the introduction of the unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration…

…This appeal might never have been brought if the true cause of the action had been pleaded.…

…Two important paragraph of the plaint, namely paragraphs 6 and 7 primarily set out the respondent’s cause of action. The allegations made in these paragraphs were nor denied at all in the defence dated 2nd July 1991.…

…The respondent had no cause of action. He denied the allegations of the respondent. The respondent was not the holder of the note because it had endorsed it to its banker.…

…The Standard Bank was the holder of the note because it had not re-endorsed it to the respondent and for this reason the respondent had no cause of action.…

…The cause of action in the superior court in respect of both the intended appeals arose out of the same traffic accident and hence there is consolidation of the two applications before me. At the outset Mrs.…

…‘To my mind it is evident that our judicial system would never permit a plaintiff to be “driven from the judgment seat” in this way without any Court having considered his right to be heard, excepting in cases where the cause…

…of action was obviously and almost incontestably bad.”…

…In that case the learned judge held: “Dismissal under r 4 is absolute in that r 7(1) prohibits a fresh action being brought in respect of the same cause of action.…

…The plaint dated 18th August, 1995 discloses no cause of action against the defendants. It cannot survive the application. It is struck out with no orders as to costs. Orders accordingly.…

…They also stipulate that the award of an arbitration is to be a condition precedent to the enforcement of any rights under the contract; so that a party has no cause of action in respect of a claim falling within the clause…

…He verified the facts constituting the cause of action and stated his belief that there was no real defence to the claim.…

…King [1908] 2 KB 696 at 724:- “...........But in my opinion it is the duty of the plaintiff’s counsel, the duty which ought to be enforced by the judge, when he asks for an amendment which raises a fresh issue or a fresh cause…

…of action, to formulate and state in writing the exact amendment that he asks, in justice to the defendant, in order that he may know exactly the new case that he has to meet, and to the learned judge in order that he may…

…The view that I take is that consortium is incapable of minor, separate sub-divisions each of which would give a cause of action. Consortium must be viewed as one whole entity.…

…Definitely the type of injuries which Maria Vesters sustained affected every ingredient of consortium, giving the second respondent a cause of action.…

…But in fact he held that the plaint disclosed no cause of action, and he ordered it to be struck out. Hence, although he held that fraud might give the Plaintiff Company a cause of action, he did not act upon it.…

…Barthlomew, [1892] 1 QB 161 every complaint under the Act in question was required to be made within one calendar month after the cause of action arose.…

…To my mind, therefore, apart from merits of the suit authorised, which is one of the factors the Judge handling the application for leave has to generally consider to discern whether a cause of action is disclosed and which…