“…where it is obvious to the Court from the circumstances of the case, or from the material before it, that no further proceedings would help the case, but merely cause unnecessary delay, there is inherent jurisdiction in the Court to refuse an order for pleadings and strike out the claim on submissions made to it.”
Table of Contents
Latest
- INTELLECTUAL PROPERTY – Trade Mark – Grounds for expunging improperly registered trademark 17/07/2024
- FAMILY LAW – Maintenance and Custody – Whether maintenance and custody are interlocutory matters 17/07/2024
- LAND LAW – Declaration of Title To Land – Proper order to make where a plaintiff in an action for declaration of title fails to prove his case 08/07/2024
- JUDGMENT AND ORDER – Order of Retrial or Trial De Novo – Instances where an order of retrial will not be made 08/07/2024
- EVIDENCE – Cross-Examination – Position of the law as to the evidence of a witness who died before cross-examination 08/07/2024
See Also:
- PLEADINGS: The essence of pleadings
"If that was their defence, they should have pleaded it. The essence of pleadings is to settle issues to be tried and to prevent one party taking the other by surprise.…
- PLEADINGS: Amendment of Court Processes/Pleadings – The essence of amendment of pleadings – Desirability of amendments in the interest of justice and fairness
“the essence of amendment of court processes should be to place before the court all the relevant, material and crucial issues of dispute between the parties submitted to the court…
- PLEADINGS: Duty of court to consider the entire pleadings of a party
“It appears to me that the learned trial Judge misunderstood the case put forward by the 1st Respondent. The trial court chose to focus on paragraphs 23, 25 and other…