Cause of Action and its Lifespan
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Topics of this game:
- Unregistered bodies and its members do not have locus standi to initiate a legal action in a court of law. This principle is derived from the case of...
- A plaintiff should have a special interest in the proceeding which he institutes. This special interest in a nexus between him and the party he sues in court. This ruling is made in the decision of ..
- In Sia Koon Lin v S.B. Mehra case, the court deliberated on the existence of the cause of action at the time of the filing of the writ by the Plaintiff.
- A cause of action founded on contract accrues upon its breach. This principle was established in the case of ...
- It is possible to file two actions in respect of the same cause of action against the same defendant.
- Court does not have the power to extend limitation period unless the prescribed status provided such authority to the court.
- In the case of Kuan Hip Peng v Yap Yin, the Federal court dealt with the question of writ issued towards the claim for loss of dependency. The Federal Court ultimately...
- In the case of Munah v Fatimah, the court decided that the claim for the land title should be dismissed in view of the expiry of limitation period to file the claim.
- Other Limitation Act 1953, Civil Law Act 1956 also referred as a source of law governing limitation period.
- Defence of limitation period in a civil suit must be expressly pleaded if it falls under the Limitation Act 1953.
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