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The dispute was time-barred as the applicant filed the claim beyond the prescribed 60-day limitation period, and pre-court reminders or negotiations did not extend or restart the limitation period. The applicant was bound by the date of dispute stated in the pleadings and could not rely on continuing breach or reminders to circumvent limitation laws.
Source excerpt
The proceedings in Civil Case No. 13 of 2005 were fundamentally flawed because evidence was led on defamation instead of the pleaded commission claim, and both the trial magistrate and counsel failed in their duty to confine the trial to the real issues. The proceedings are quashed and parties may file afresh.
Source excerpt
The High Court quashed proceedings in a civil appeal after finding evidence had been led on defamation instead of the pleaded commission claim.
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