Section 140: Different Judge having adjudicated on a plea in limine litis—The case

140. Different Judge having adjudicated on a plea in limine litis—The case was first scheduled before a Judge who had, after consideration, rejected a plea in limine litis to the effect that the statement of claim disclosed no cause of action and was time-barred. The matter was later scheduled for continuation before a different Judge and the question arose whether he could do so. HELD where there is an inextricable link between the decision on a plea in limine litis and the decision to be arrived at on the merits, the same Judge should, where possible, hear the case on the merits to its conclusion. Mutty v Bhugbuth (1994).