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Subject Matter Index

Browse cases by legal subject matter and principles

Amendment of Capacity

13 subsidiary principles

Capacity disclosed on the writ

2 subsidiary principles

Effect of a challenge to capacity

7 cases

Effect of a plaintiff's failure to state the capacity in which he instituted the action

1 case

Effect of a successful objection to an application on a plea of lack of capacity

1 case

Effect of bringing an action without capacity

1 case

Effect of failure to prove capacity

3 cases

Effect of lack of capacity

8 cases

How a party asserting capacity must prove it

1 case

How a party can succeed where his capacity to institute a representative action as a head of family is challenged

1 case

How to prove a person's capacity as head of the family

1 case

Importance of capacity to an action

33 cases

Meaning of capacity

7 cases

Nature of capacity required to institute an action for the enforcement of fundamental human rights

1 case

Need for a party to prove that he has capacity to bring an action in court

4 cases

Need for a party who initiated proceedings to establish his capacity when it is challenged

10 cases

Need for the issue of capacity to be dealt with first when it is raised

9 cases

On whom has capacity to institute action to recover revenue where the land is stool land

1 case

On whom lies the onus of proving to the court that the plaintiff has no capacity to institute the action

1 case

Party with the burden to prove legal capacity

3 cases

Persons with capacity to sue in respect of stool lands

1 case

Position of the law on capacity

3 cases

Position of the law on capacity to maintain an action in respect of a deceased's estate

1 case

Position of the law on capacity where an individual brings an action under articles 2(1) and 132 of the 1992 Constitution

1 case

Position of the law on raising a challenge to capacity

3 cases

Position of the law on the persons that may represent the stool in litigation

1 case

Representative capacity

39 subsidiary principles

The fundamental nature of the issue of capacity

9 cases

The importance of capacity to proceedings

1 case

The legally acceptable way of authorising another person to sue in one's stead

1 case

The position of the law on the capacity of a customary successor to institute actions in respect of the property of a deceased

1 case

The position of the law on the proper person to sue and be sued in respect of family property belonging to an immediate family

1 case

The position of the law where a party's capacity to sue is challenged

3 cases

The principle that a limited liability company has capacity to sue and be sued

1 case

The principle that a party commences an action based on a right that already existed and not on an anticipated right.

1 case

The principle that capacity is a crucial component of any civil litigation

1 case

The principle that capacity must be found to be present and valid before the issuance of the writ of summons

1 case

The principle that the capacity disclosed on the writ prevails over that disclosed on the statement of claim where there is a discrepancy

1 case

The principle that the Court suo motu is bound to raise an issue as to capacity even where the parties fail to

3 cases

The principle that trustees must sue in their capacity as trustees

1 case

The rule that actions can be brought only by natural and artificial persons

1 case

The rule that the party whose capacity was put in issue must establish it by cogent evidence

6 cases

The rule that the plaintiff must indorse his writ with the capacity in which he is suing

1 case

The rule that the test for the validity of the institution of an action, as far as capacity of a party was concerned, was whether the party existed

1 case

What a plaintiff whose capacity is challenged must do

9 cases

What the issue of capacity on the part of a company entails

1 case

When and how the issue of capacity can be raised

2 cases

When a party is said to lack capacity

1 case

Whether a beneficiary can be a party to an action in respect of an estate

1 case

Whether a beneficiary child who has no letters of administration is competent to sue in respect of an estate

2 cases

Whether a beneficiary under an intestate estate can sue and be sued in the absence of letters of administration

1 case

Whether a citizen has capacity to bring an action under article 2(1) of the 1992 Constitution where the Attorney-General has instituted a civil action against the same defendant

1 case

Whether a customary successor has capacity to maintain an action where administrators have been appointed to administer the estate

1 case

Whether a customary successor who has not been granted letters of administration has capacity to sue in respect of the property of the deceased

1 case

Whether a defendant's capacity to defend an action is impugned by the absence of a vesting assent

1 case

Whether a defendant who has filed a counterclaim can challenge the capacity of the plaintiff

1 case

Whether a member of a family can maintain an action in respect of family property

1 case

Whether a member of a family can maintain an action in respect of family property

2 cases

Whether a minor can sue in his own name

1 case

Whether an action by or against a party can be nullified on grounds of capacity

1 case

Whether an action can proceed to be determined on the merits if the Plaintiff or defendant has no capacity to sue or defend the action

1 case

Whether an applicant in a contempt application must show his capacity

1 case

Whether an occupant of stool land has capacity to sue the occupant of a stool to give account

1 case

Whether any person can institute an action

1 case

Whether a party can have more than one capacity

1 case

Whether a party who brings an application in a wrong capacity but some other capacity was disclosed should be non-suited

1 case

Whether a party who does not claim any special capacity is required to prove capacity

1 case

Whether a party whose capacity is challenge can claim that he has an iron cast case against his opponent

1 case

Whether a party whose capacity is challenged can seek leave of the court under the rules of court to adduce evidence

1 case

Whether a person can invoke the jurisdiction of a Court in respect of claim of right to a property that belongs to someone else

1 case

Whether a person can sue in several capacities

1 case

Whether a person who has a right to sue and maintain an action may empower another person to stand in his stead

1 case

Whether a person who is neither the successor nor the head of family can sue in respect of family property

1 case

Whether a plaintiff has capacity to represent an oman

1 case

Whether a plaintiff must have obtained letters of administration before he can sue in respect of the property of a deceased

4 cases

Whether a plaintiff whose capacity is in issue can be given a hearing on the merits because he has a cast-iron case

6 cases

Whether a plea of foreclosure can prevail against an issue of capacity

1 case

Whether a political party being a corporate personality can bring an action for the enforcement and protection of the fundamental human rights of its members

1 case

Whether a shopping mall association can bring an action on behalf of traders without a Power of Attorney

2 cases

Whether a sole proprietor can sue as a plaintiff under his business name

1 case

Whether a subject has capacity according to customary law to sue in respect of stool property

1 case

Whether a voluntary association can sue and be sued in its name

1 case

Whether capacity must be decided before a consideration of the merits of the case

2 cases

Whether capacity must be proved where the issue is not raised timeously

1 case

Whether capacity of a plaintiff can be determined by whether or not he will succeed in proving the existence of a contract and a breach of same

1 case

Whether capacity to sue can be raised in a pleadings and be determined by means of a preliminary hearing

1 case

Whether cause of action is separable from the requisite capacity to pursue the cause of action

1 case

Whether failure of a party to contest an alleged lack of capacity precludes the court from making an assessment on the issue

1 case

Whether failure to indorse capacity on the writ of summons can be cured by a statement of claim properly indorsed

1 case

Whether it is in all cases that the court is capable of pronouncing on the capacity of a party "in limine"

1 case

Whether or not the failure of a party challenging the capacity of another at to raise at the initial stages of the action precludes that party from raising it later

1 case

Whether the appellate court will consider the issue of capacity although it was not raised as a ground of appeal

1 case

Whether the capacity of a party to bring an action can be challenged at any time

3 cases

Whether the capacity of a party to mount an action may be challenged at any time, and even on appeal

1 case

Whether the court can discuss the merits of a case where capacity is not proved

1 case

Whether the court must consider the issue of a person's capacity whether or not it is raised at the trial

1 case

Whether the court will consider an objection to capacity raised in counsel's address for the first time

1 case

Whether the fact that a person is lawfully detained in a psychiatric hospital disenfranchises him from managing and administering his own affairs

1 case

Whether the failure to obtain a signed written authority of the Next Friend to act in that capacity is fatal to the suit

1 case

Whether the issue of capacity can be proved only by affidavit evidence and legal argument

1 case

Whether the issue of capacity can be raised at any stage of the proceedings

7 cases

Whether the issue of capacity can be raised at any time

8 cases

Whether the issue of capacity can be raised by the Court

1 case

Whether the issue of capacity can be raised on appeal

7 cases

Whether the issue of capacity can be raised without legal basis

1 case

Whether the issue of capacity is a question of law

3 cases

Whether the issue of capacity is the same as locus standi

1 case

Whether the issue of capacity is time bound

1 case

Whether the issue of capacity must be taken as a preliminary issue

1 case

Whether the issue of capacity must be tried in limine

1 case

Whether the issue of capacity remains a live issue throughout the life of a case

1 case

Whether the question of capacity arises when one reports a crime to the police

1 case

Whether the question of capacity is concerned with merits

4 cases

Whether the word capacity must be mentioned for the issue of capacity to have been raised

1 case

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