Subject Matter Index

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At what stage the citation to be served on the citee or grantee of the probate or letters of administration for the recall of same should be filed when commencing an action in respect of an estate over which letters of administration has been granted

Effect of commencing an action in respect of an estate over which letters of administration has been granted without filing a citation calling upon the citee to produce the letters of administration at the registry of the court

Effect of employing the wrong method in commencing an action

Effect of failure to comply with the proper procedure for commencing an action

Effect of failure to obtain leave to commence an action where required

Effect of non-compliance with a condition precedent for commencing an action

Effect of non-compliance with the conditions precedent for initiating an action

How to determine the residence of the defendant for the purpose of commencing an action

How to determine whether an action is prematurely instituted

Matters that a person intending to commence an action in any court must advert his mind to

Mode of commencing an action where the facts are in dispute

Modes of commencing civil actions

Position of the law where a plaintiff wrongly commenced an action by originating summons

Position of the law where a statute provides a means of commencing a particular action

Proper mode of commencing an action on the nullification of trustee

The principle that before an action is commenced in the court, there must be a lis inter partes, an existing controversy between the parties

The proper mode of commencing an Action

The purpose of statutory pre-conditions for commencement of suits

The rule that a person commencing a suit is to follow the procedure prescribed by statute or rules of Court

The rule that where a statute specifically stipulates the manner of commencing or initiating an action in relation to specified reliefs, the commencement of an action by such form or process becomes the originating process

The test for determining commencement of an action

Whether a action should be commenced by way of judicial review where the consequence of the interpretation will compel or prohibit how a public officer is to act

Whether a party who took active part in a proceeding can later complain that the action was commenced by an irregular mode

Whether a trial judge can raise any time before judgment the issue of competence in the commencement of the action

Whether an action can be commenced in the name of a dead person

Whether an ex parte application for injunction can be used to initiate an action

Whether failure to file the citation to be served on the citee or grantee of the probate or letters of administration for the recall of same should be filed when commencing an action in respect of an estate over which letters of administration has been granted is a mere irregularity

Whether the adoption of wrong mode of commencement of an action is a mere irregularity

Whether the form of commencement of an action can make it incompetent

Whether the manner of commencement of an action is enough to vitiate an action

Whether the procedure for commencing actions stipulated in the Legal Profession Act, Act 32 of 1960 is superior to the provisions of the High Court, (Civil Procedure) Rules, 2004 CI 47

Whether where the procedure by which action can be commenced is set out in a statute, such an action can only be validly commenced in the manner stipulated in the law

Whether, in commencing actions under the Legal Profession Act, Act 32 of 1960, recourse can be made to another statute

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