Subject Matter Index

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Considerations for striking out frivolous or vexatious pleadings

Distinction between striking out pleadings under the court's inherent jurisdiction and under the rules

Effect of paragraphs truck out from pleadings

Facts the court should have recourse to in deciding whether or not to strike out a pleading

How the court's discretion to strike out pleadings should be exercised

How the court should exercise its power to strike out pleadings

Modes of applying for the striking out pleadings on the grounds that the action is frivolous, vexatious or an abuse of the processes of the court

Principles governing the grant of an application to strike out pleadings

Principles guiding the striking out of pleadings for failure to disclose a reasonable cause of action

The nature of the court's power to strike out pleadings and how it is exercised

The nature of the power of the court to strike out pleadings

The next stage after striking out pleadings

The power of the court to strike out pleadings as a discretionary one

The principles applicable to striking out of pleadings

The principle that the jurisdiction to strike out pleadings must be used sparingly

When the court can strike out pleadings

When the rule on striking out of pleadings should be employed

Whether an affidavit is required in an application to strike out a claim or defence for failure to disclose a reasonable cause of action

Whether an application for striking out of pleadings under Order 11 r.18(1)(d) of C.I. 47 is time bound

Whether an application to strike out a suit in the ground that the statement of claim does not disclose a reasonable cause of action can be brought after the close of pleadings

Whether an application to strike out pleadings can be filed at anytime

Whether an application to strike out pleadings will succeed where affidavit evidence is filed

Whether an application to strike out pleadings will succeed where it raises a serious investigation as to questions of general importance

Whether a pleading will be struck out where extrinsic evidence must be adduced

Whether a statement of claim that on its face discloses that the period of limitation has expired may be struck out as disclosing no reasonable cause of action

Whether a statement of claim will be struck out in an action on contract where it fails to disclose any contract between the plaintiff and the defendant

Whether it is necessary for a party to invoke the inherent jurisdiction of the court for the striking out of pleadings

Whether it is only the pleadings that will be considered where it is alleged that the pleadings does not disclose any reasonable cause of action

Whether judgment can be entered on a counterclaim in a suit where the pleading of a party was struck out

Whether pleadings can be struck out by the court at any time

Whether the court is limited to the pleading complained of in deciding whether to strike out pleadings

Whether the court will strike out the plaintiff's writ of summons and statement of claim where a cause of action is disclosed

Whether the defence should have been filed before making an application for striking out pleadings for no disclosing a reasonable cause of action

Whether the defendant can apply to the court for the striking out of the statement of claim before filing his statement of defence

Whether the trial judge can exercise his discretion to strike out pleadings where the facts are in dispute

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