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Subject Matter Index

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Conditions that must exist for an action to lie in representative capacity

Effect of a challenge to the representative capacity of the plaintiff

Effect of failure to seek leave of the court to commence or defend an action in a representative capacity

Effect of failure to sue in a representative capacity where necessary

Effect of plaintiffs suing for themselves and on behalf of others

Effect of the donee of a power of attorney suing in a representative capacity

How rights claimed by a ruling family should be instituted

Limitations on the power of a representative plaintiff

Need for a party suing in a representative capacity to indicate the capacity in which he is suing

Need for a plaintiff suing in a representative capacity to disclose the capacity in the endorsement to the writ

Onus on a person whose authority sue in a representative capacity is challenged

Position of the law where a person objects to the capacity of another to sue in a representative capacity

Position of the law where a plaintiff suing in a representative capacity fails to so indicate

Procedure for challenging the authority of a person to bring an action in a representative capacity

Right of a person to protect his family interest in a property by instituting an action in a representative capacity

Test of competence to challenge an action in a representative capacity

The essential requirements for commencing an action in a representative capacity

The position of a representative plaintiff

The principle underlying suits brought in a representative capacity

The real plaintiff in an action instituted by representatives of a family or a ruling house

The reason for requiring that a person suing in a representative capacity must endorse on the writ the capacity in which he sues

The rule that persons suing in a representative capacity must establish that status

Whether a challenge to a representative capacity can be made by way of defence

Whether an action brought in a representative capacity will be struck out because the parties failed to describe themselves as appearing in representative capacities

Whether an action instituted or defended in a representative capacity survives the death of all the named parties

Whether a person can bring a representative action without the consent of other persons

Whether a plaintiff who is neither the head of family nor customary successor can sue in a representative capacity

Whether a plaintiff who sues in a representative capacity puts his capacity in issue

Whether a suit fought in a personal capacity can metamorphose into one fought in a representative capacity by substitution upon the death of the original plaintiff

Whether failure to obtain leave to sue in a representative capacity will invalidate the action

Whether failure to state the capacity in which the plaintiff brought the action is fatal

Whether failure to sustain an action in a representative capacity renders an action incompetent

Whether it can be presumed that leave to sue in a representative capacity has been given

Whether leave will be granted at any stage where it is apparent that the party is suing in a representative capacity

Whether representative action can be employed in safeguarding the property and affairs of an absent person

Whether the court can amend the capacity of a party from personal to representative capacity

Whether the court can enter judgment for and/or against a party in a representative capacity even if there has been no amendment to reflect the capacity

Whether the plaintiff can choose the persons who will represent the rest of the defendants in a representative capacity

Whether the requirement of leave is a necessary condition for maintaining an action in a representative capacity

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