Nsibandze v Estate Late Benjamin Mshandane Nsibandze and Others (298 of 2022) [2023] SZHC 66 (29 March 2023)

Case summary

Practice-Exception-that particulars of claim do not sustain cause of action-court to determine whether or not particulars of claim lack the necessary averments required to sustain a cause of action-settled law that in adjudicating exceptions, averments alleged by the plaintiff are accepted as correct-excipient bears onus of persuading the court that particulars of claim are excipiable

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