Search court decisions

…That the plaint discloses no cause of action against the Defendant and 2. That the plaintiff has no locus standi to file the suit or the application.…

…The suit was for certain declarations and the law was that no cause of action need to be disclosed (although in fact such cause of action is actually disclosed) 3.…

…of action arose.…

…of action if the same arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the party applying for leave to seek the amendment…

…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.…

…When he filed it, the cause of action was very much alive, and the court felt confident enough to grant temporary orders of injunction upon the suit.…

…However, under the proviso to that subsection, costs of any action, cause or other matter or issue shall follow the event unless the court or judge shall, for good reason, otherwise order.…

…The court must, however, make a positive finding as to the existence of a cause of action. Once the court identifies a probable cause of action a prima facie case is established.…

…If the court holds that no cause of action is disclosed by the pleadings or that such cause of action as is pleaded is far too doubtful for it to rely on, the court must refuse the injunction.…

…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.…

…Her cause of action against the second defendant which is pleaded in paragraph 8 of the plaint is even more difficult to understand.…

…In the circumstances I do not see how she can have any cause of action against M A but as the case has yet to come to trial; I do not have to deal with the point.…

…When a claim is compromised, the cause of action becomes merged and is supersedent by the compromise and a defence to the original cause of action is not a defence to an action brought to enforce the compromise.…

…At the trial, the Attorney General, the Respondent here took a Preliminary Objection saying that the motion offends the Provisions of Order 1 Rule vi 12 of the Civil Procedure Rules and that the cause of action in this matter…

…This Court, therefore cannot assume that the claim is a “cause of action” described under Cap 22 in the first place nor that it is either a tortious wrong or a contractual breach.…

…action.…

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

…I now deal with all of them not covered in any judgment so far:- Ground No 2 is that the plaint does not disclose any cause of action. Mr Kowade has argued that no notice of dishonour has been pleaded.…

…I have already dealt with the remaining two grounds namely grounds No 9 and 112 which relate to notice of dishonour and whether the plaint discloses a cause of action.…

…It is obvious the dates are not agreed neither is it agreed whether the cause of action arose after the appeal or on communication of the decision of that appeal to the Plaintiff.…

…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.…

…Wandaba for the 2nd Defendant argued that since the Plaintiff’s cause of action against the 2nd Defendant was premised on the Judgment given in March, 1984, it was barred by section 4(4) of the Limitation of Action for having…

…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.…