CAUSE OF ACTION: See also Section 20: The expression “cause of action” used in this rule refers to the cause of action for which the suit was brought The term refers to the facts which give occasion to and form the foundation of the suit The Privy Council has summed up in the following terms: “Cause of Action means every fact which will be necessary for the plaintiff to prove if traversed in order to support his right to judgment……….. It has no relation to the defence that may be set up…. Not does it depend upon the character of the relief prayed” There is distinction between the term “cause of action” and “Right of Action” and “Remedy” There may be a number of causes of action in one transaction, but rule 2 does not require the joinder of all such causes of action in one suit Rule 2 only requires the joinder of all claims, and reliefs, arising out of same cause of action in a suit
Posted on: Sat, 15 Jun 2013 19:39:59 +0000
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