Investor Presentaiton

SECTION 1 (C) : Locus Standi • Tests for determining locus standi to sue in an action Test of sufficient legal interest Effect of lack of locus standi on the jurisdiction of court . Order court may make where party lacks locus standi • Locus standi vested by the operation of law 28 • Process court looks at to determine issue of locus standi • Distinction between locus standi and reasonable cause of action 28 222222222 23 24 25 26 27 28 . Application to dispute court's jurisdiction on ground of locus standi 29 Whether donee of a power of attorney has locus standi to institute an action on behalf of the donor in his personal name Sample precedent for preliminary objection challenging the locus standi of the plaintiff SECTION 1 (D): Limitation of Action 29 29 30 30 37 32 • When cause of action accrues and determining whether an action is statute-barred 39 Effect of a statute-barred action 41 • Need to plead limitation laws and procedure for raising question of limitation of action • Exceptions to application of law on limitation of action • Proper order where an action is statute barred . Limitation period for some actions 7777 42 42 43 43 • Precedent on prayers and grounds of objection in application challenging competence of suit based on limitation law 44 44 SECTION 1 (E): Defective Processes . Nature and purpose of writ of summons and effect where defective Who issues and signs a writ of summons and other court 44 45 45 processes and effects where not signed 47 Whether an incompetent process can be amended 480 50 . Effect of incompetent process and principles guiding determination of competing applications 51 Failure to affix seal and stamp or affixing receipt of payment of same on a court process 51 viii

View entire presentation