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Actions (642)

HELD:

"In determining whether an action is statute barred, plethora of the decisions of this Court has stated that it is only the Statement of Claim that is the relevant process to be considered.

HELD:

"The law is trite that where an action is statute barred, the effect is that the cause of action is or becomes extinct by operation of law and it can no longer be maintained in the law Court.

HELD:

"It bears pointing out at the outset that originating summons, being one of the modes by which a civil action may be commenced, is merely a method of procedure and not one that is meant to enlarge the jurisdiction of the Court.

HELD:

"As a restatement of the law, there are numerous authorities that say that a counter-claim is in the same position as an action being itself a cross-action and subject to the same rules of pleadings.

HELD:

"There is no gainsaying the supreme importance of pleadings and the strict adherence to same.

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