Case law
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Division and case type: CivilCivil Suit
…I now deal with all of them not covered in any judgment so far:- Ground No 2 is that the plaint does not disclose any cause of action. Mr Kowade has argued that no notice of dishonour has been pleaded.…
…I have already dealt with the remaining two grounds namely grounds No 9 and 112 which relate to notice of dishonour and whether the plaint discloses a cause of action.…
Division and case type: CivilCivil Suit
…There was also a pleading by the defendant that the plaint was bad in law and disclosed no cause of action against the defendant.…
…So the issues between the parties were: 1. was the plaint bad in law because it did not disclose any cause of action? 2. who owned this land before it was registered ? 3. was it sold to the defendant?…
Division and case type: Environment and LandCase
…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…
Division and case type: Environment and LandPetition
…That therefore there is no cause of action against the 6th Respondent to warrant the orders sought by the Petitioner as against the 6th Respondent. vi.…
…Counsel also submitted that there is no cause of action against it and its presence herein is not necessary for the adjudication of the dispute.…
Division and case type: CivilCivil Suit
…years had lapsed since the accident she was entitled to avail of section 4 (2) of the Limitation of Actions Act (cap 22): “An action founded on tort may not be brought after the end of three years from the date on which the cause…
…of action accrued.”…
Division and case type: CivilCivil Suit
…This matter was never pleaded (as in my opinion it could have been) as an alternative cause of action, possibly joining the school as a co-defendant, but it was touched on in the course of the appeal, and it may therefore…
…Without either of such allegations the bald statement that the Defendant shot the plaintiff in unspecified circumstances with an unspecified weapon in my view disclose no cause of action.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…Indeed, the Petitioner sues as the registered proprietor of the suit property and sets out the cause of action at paragraphs 9-11 of the Petition, as follows: “9.…
Division and case type: CivilCivil Suit
…However, in my view the cause of action inrelation to this aspect could only accrue to the plaintiff'sprevious employer who would have been entitled to the notice.Thus, it is impossible to see how the failure on the part…
Division and case type: CivilCivil Suit
…PLAINTIFF VERSUS JOHNSON NGANGA MBUGUA............................DEFENDANT JUDGEMENT The cause of action in this suit arises out of financialadvances made to the defendant for the purchase of a motorvehicle a Mercedes Benz…