Search court decisions

…trial.…

…trial in the Chief Magistrate’s Court or the High Court.…

…following grounds: i) where the pleading does not disclose reasonable cause of action or defence or; ii) where the pleading is scandalous, frivolous or vexatious or; iii) if the pleading may prejudice, embarrass or delay the fair…

…trial of the action or; iv) if it I an abuse of the process of the court.…

…Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against the 2nd defendant, it is scandalous, frivolous or vexatious, it may prejudice embarrass or delay the fair…

…trial of the action or it is otherwise and abuse of the process of the court.…

…The applicant contended that the defence a) “discloses no defence”, b) it is scandalous, frivolous and vexatious” c) it prejudice, embarrass or delay the fair trial of this action,” The application was supported by an eleven-paged…

…The sum total of their argument is that: (1) The suit was filed way back in 1992 and since then the plaintiff has not moved the Court to have the same heard and as such it is the plaintiff who has delayed the fair trial of…

…All in all the conduct of plaintiffs’ case has been so slovenly that it would be impossible now to have a fair trial if the proposed amendments were allowed and I would add that this court has adopted with approval a passage…

…At the same time, it must never be forgotten that an impartial judge is a fundamental prerequisite for a fair trial and a judicial officer should not hesitate to recuse herself or himself if there are reasonable grounds on…

…At the same time, it must never be forgotten that an impartial judge is a fundamental prerequisite for a fair trial and a judicial officer should not hesitate to recuse herself or himself if there are reasonable grounds on…

…would be illogical to give judgment on admissions contained in the defence and at the same time strike out that defence it does appear to me that the defence at least in part tended to prejudice, embarrass and delay the fair…

…trial of the action.…

…parte Topping [1983] 1 All ER 490 at 494 in which Ackner LJ posed the crucial question: “. . . would a reasonable and fair minded person sitting in Court and knowing all the relevant facts have a reasonable suspicion that a fair…

…trial for the applicant would not be possible?”…