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
…Secondly, in addition to the required particulars having been already supplied, because of the nature of the plaintiff’s cause of action.…
Division and case type: CivilCivil Suit
…There was also a pleading by the defendant that the plaint was bad in law and disclosed no cause of action against the defendant.…
…So the issues between the parties were: 1. was the plaint bad in law because it did not disclose any cause of action? 2. who owned this land before it was registered ? 3. was it sold to the defendant?…
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: Constitutional and Human RightsJudicial Review
…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 Appeal
…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
…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…
Division and case type: CivilCivil Suit
…However, in my view the cause of action inrelation to this aspect could only accrue to the plaintiff'sprevious employer who would have been entitled to the notice.Thus, it is impossible to see how the failure on the part…