Case law
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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…
…of action accrued.”…
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: CivilCivil Appeal
…If the respondent had paid the appellant one month’s salary and dispensed with his services forthwith, the appellant would have had no cause of action. In our view this appeal has no merit and is accordingly dismissed.…
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 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
…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: CivilMiscellaneous Civil Application
…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…
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…