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Abdallah Abede Tamimu v. Saidi Salum Hekan, Civ. App. 20-D-66; 16/2/67; Hamlyn J.
Plaintiff brought actions against three defendants in a plaint which, because it was drafted without the assistance of counsel, failed to delineate a cause of action. Preliminary objection was made by defendants alleging misjoinder of parties, misjoinder of causes of action, and failure to state a cause of action.
Held (1) An objection, without elaboration, that a plaint “disclosed no cause of action” will not be entertained by the court. (2) The plaintiff, after paying taxed costs incurred by defendants in the present suit, may withdraw the suit with liberty to file any fresh suit or suits.
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