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Effect of a challenge to capacity
Effect of a plaintiff's failure to state the capacity in which he instituted the action
Effect of bringing an action without capacity
Effect of failure to prove capacity
Effect of lack of capacity
How a party asserting capacity must prove it
How a party can succeed where his capacity to institute a representative action as a head of family is challenged
How to prove a person's capacity as head of the family
Importance of capacity to an action
Meaning of capacity
Nature of capacity required to institute an action for the enforcement of fundamental human rights
Need for a party to prove that he has capacity to bring an action in court
Need for a party who initiated proceedings to establish his capacity when it is challenged
Need for the issue of capacity to be dealt with first when it is raised
On whom has capacity to institute action to recover revenue where the land is stool land
On whom lies the onus of proving to the court that the plaintiff has no capacity to institute the action
Party with the burden to prove legal capacity
Persons with capacity to sue in respect of stool lands
Position of the law on capacity
Position of the law on capacity to maintain an action in respect of a deceased's estate
Position of the law on capacity where an individual brings an action under articles 2(1) and 132 of the 1992 Constitution
Position of the law on raising a challenge to capacity
Position of the law on the persons that may represent the stool in litigation
The fundamental nature of the issue of capacity
The importance of capacity to proceedings
The legally acceptable way of authorising another person to sue in one's stead
The position of the law on the capacity of a customary successor to institute actions in respect of the property of a deceased
The position of the law on the proper person to sue and be sued in respect of family property belonging to an immediate family
The position of the law where a party's capacity to sue is challenged
The principle that a limited liability company has capacity to sue and be sued
The principle that capacity must be found to be present and valid before the issuance of the writ of summons
The principle that the capacity disclosed on the writ prevails over that disclosed on the statement of claim where there is a discrepancy
The principle that the Court suo motu is bound to raise an issue as to capacity even where the parties fail to
The principle that trustees must sue in their capacity as trustees
The rule that actions can be brought only by natural and artificial persons
The rule that the party whose capacity was put in issue must establish it by cogent evidence
The rule that the plaintiff must indorse his writ with the capacity in which he is suing
What a plaintiff whose capacity is challenged must do
What the issue of capacity on the part of a company entails
When a party is said to lack capacity
When and how the issue of capacity can be raised
Whether a beneficiary can be a party to an action in respect of an estate
Whether a beneficiary child who has no letters of administration is competent to sue in respect of an estate
Whether a beneficiary under an intestate estate can sue and be sued in the absence of letters of administration
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
Whether a customary successor has capacity to maintain an action where administrators have been appointed to administer the estate
Whether a customary successor who has not been granted letters of administration has capacity to sue in respect of the property of the deceased
Whether a defendant who has filed a counterclaim can challenge the capacity of the plaintiff
Whether a defendant's capacity to defend an action is impugned by the absence of a vesting assent
Whether a member of a family can maintain an action in respect of family property
Whether a member of a family can maintain an action in respect of family property
Whether a minor can sue in his own name
Whether a party can have more than one capacity
Whether a party who does not claim any special capacity is required to prove capacity
Whether a party whose capacity is challenge can claim that he has an iron cast case against his opponent
Whether a party whose capacity is challenged can seek leave of the court under the rules of court to adduce evidence
Whether a person can invoke the jurisdiction of a Court in respect of claim of right to a property that belongs to someone else
Whether a person can sue in several capacities
Whether a person who has a right to sue and maintain an action may empower another person to stand in his stead
Whether a person who is neither the successor nor the head of family can sue in respect of family property
Whether a plaintiff has capacity to represent an oman
Whether a plaintiff must have obtained letters of administration before he can sue in respect of the property of a deceased
Whether a plaintiff whose capacity is in issue can be given a hearing on the merits because he has a cast-iron case
Whether a plea of foreclosure can prevail against an issue of capacity
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
Whether a shopping mall association can bring an action on behalf of traders without a Power of Attorney
Whether a sole proprietor can sue as a plaintiff under his business name
Whether a subject has capacity according to customary law to sue in respect of stool property
Whether a voluntary association can sue and be sued in its name
Whether an action by or against a party can be nullified on grounds of capacity
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
Whether an applicant in a contempt application must show his capacity
Whether an occupant of stool land has capacity to sue the occupant of a stool to give account
Whether any person can institute an action
Whether capacity must be decided before a consideration of the merits of the case
Whether capacity must be proved where the issue is not raised timeously
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
Whether capacity to sue can be raised in a pleadings and be determined by means of a preliminary hearing
Whether cause of action is separable from the requisite capacity to pursue the cause of action
Whether failure of a party to contest an alleged lack of capacity precludes the court from making an assessment on the issue
Whether failure to indorse capacity on the writ of summons can be cured by a statement of claim properly indorsed
Whether it is in all cases that the court is capable of pronouncing on the capacity of a party "in limine"
Whether the appellate court will consider the issue of capacity although it was not raised as a ground of appeal
Whether the capacity of a party to bring an action can be challenged at any time
Whether the capacity of a party to mount an action may be challenged at any time, and even on appeal
Whether the court can discuss the merits of a case where capacity is not proved
Whether the court must consider the issue of a person's capacity whether or not it is raised at the trial
Whether the court will consider an objection to capacity raised in counsel's address for the first time
Whether the fact that a person is lawfully detained in a psychiatric hospital disenfranchises him from managing and administering his own affairs
Whether the failure to obtain a signed written authority of the Next Friend to act in that capacity is fatal to the suit
Whether the issue of capacity can be proved only by affidavit evidence and legal argument
Whether the issue of capacity can be raised at any stage of the proceedings
Whether the issue of capacity can be raised at any time
Whether the issue of capacity can be raised on appeal
Whether the issue of capacity can be raised without legal basis
Whether the issue of capacity is a question of law
Whether the issue of capacity is the same as locus standi
Whether the issue of capacity is time bound
Whether the issue of capacity must be taken as a preliminary issue
Whether the issue of capacity must be tried in limine
Whether the issue of capacity remains a live issue throughout the life of a case
Whether the question of capacity arises when one reports a crime to the police
Whether the question of capacity is concerned with merits
Whether the word capacity must be mentioned for the issue of capacity to have been raised
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