Description
What constitutes a preliminary objection – locus standi – cause of action – board resolution – quantifying general damages – general rule as to pleadings – plaint containing immaterial allegations of fact.
- The issue of locus standi to sue was raised as a preliminary objection but it was found that it is not a pure point of law because it needed evidence.
- A preliminary objection that the plaint did not disclose a cause of action was found not to be a pure point of law since it requires to be established by facts.
- A plaint which does not disclose a cause of action will be rejected or the court can allow the plaintiff to amend the plaint.
- The issue that a suit is instituted by a company without attaching a board resolution is not a pure point of law and so it does not qualified to be a preliminary objection.
- It is not fatal to quantify general damages in the plaint.
- An objection that a plaint does not contain an annexure which was pleaded therein is not a preliminary objection.
- General rule as to pleadings – objection that a plaint contains immaterial allegations of fact is not a preliminary objection.
