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…It contemplates that only one claim can be filed in the Court and it prohibits the splitting of a claims or cause of action in order to bring parts of the claim within the jurisdiction of the Small Claims Court.…

…An accident is a single cause of action under which the claim for damages may include injury to the body, material damage or any other loss.…

…A cause of action under a continuing security never dies or lapses.”…

…The Respondent submitted that the suit in the lower court was filed on 3/11/2022, that is, 12 years from the date of the cause of action being 22/8/ 2010. The suit was time-barred.…

…Clearly, the circumstances relating to when the cause of action arose was not settled. Rather, a further interrogation of facts was needed to ascertain when the cause of action actually arose.…

…of action may be said to have accrued, if anything to demonstrate that the question as to when the cause of action accrued is contested and is indeed subject to some facts being proved by adducing evidence.…

…They create substantive legal consequences and define the period within which a cause of action may be enforced through the courts. 13. In the present case, the cause of action arose on 3rd March 2018.…

…The relevant facts, namely the date on which the cause of action accrued and the date on which the suit was instituted, were not contested.…

…The argument by the respondent that the time when the cause of action accrued was contested is far from being truthful.…

…From the plaint which has not been amended and even the witness statement filed on record, the cause of action is said to have accrued on the 2015 or 2016.…

…Also the cause of action arose in Nanyuki, Laikipia county; That the Plaintiff is aware of the same as pleaded in the Plaint; That the objection is based on sections 12, 14 and 15 of the Civil Procedure Rules; that the suit…

…A may sue B for the price of the goods either in Nairobi, where the cause of action has arisen, or in Mombasa, where B carries on business.…

…In the court’s ruling on the application, the trial magistrate found and held that the plaint disclosed a reasonable cause of action and that there was no arbitration agreement.…

…On the first issue, the Appellant deponed that the plaint disclosed no reasonable cause of action and secondly that the suit had abated for failure to be accompanied by summons to enter appearance.…

…of action accrued. 10.…

…In this case, therefore the time for cause of action accrued when the Respondent sold the suit property on 21.12.2016 at a loss which represented the damage it sustained.…

…The 1st respondent raised one issue, that is whether the 1st respondent had a cause of action against the appellant. 19.…

…Cooper [1964] 2 All ER 929 at 934, Attorney General & another v Andrew Maina Githinji & another [2016] KECA 817 (KLR) on the definition of a cause of action submits that the 1st respondent had a cause of action against the…

…of action accrued.…

…any cause of action to which the application relates.…

…of action. 19.…

…Whether or not there is a valid cause of action herein. 22. This is a first appeal.…

…The question for determination before this Court is therefore whether the Learned Trial Magistrate properly determined the date when the cause of action accrued.…

…Ltd v Ezekiel Otuche [2018] eKLR, the Court emphasized that the terms of the agreement govern the rights and obligations of the parties and the accrual of causes of action.…

…Rules 2 and 3 states: “[2] Procedure where one of several plaintiffs or defendants dies and right to sue survives - Where there are more plaintiffs or defendants than one, and any one of them dies, and where the cause of…

…of action does not survive or continue to the surviving plaintiff or plaintiffs alone, or a sole plaintiff or sole surviving plaintiff dies and the cause of action survives or continues, the court, on an application made…

…of action arose on 14th February 2017.…

…of action accrued.” 27.…

…of action accrued.”…

…of action accrued.”…

…The learned Magistrate erred in law and in fact in holding that the plaintiff’s suit, emanating from material damage claim and not personal injury disclosed a reasonable cause (of) action in law against the defendant .…

…In my view, the defendant in that other civil case could have a cause of action in a declaratory suit against the appellant for satisfaction of the judgment.…

…That the cause of action as against the 1 st Respondent arose when the Appellants were served with the pleadings in April 2024 and time started to run when they were served with the pleadings. 4.…

…That the learned trial magistrate erred in law and in fact in failing to hold that the cause of action in third party proceedings arises upon service of pleadings on the defendant. 5.…

…of action, wholly or in part, arises.…

…any cause of action arising at the place where he has such temporary residence.…

…The 1st Respondent also relied on Section 2(1) of the Law Reform Act which provided that certain causes of action survived a deceased for the benefit of his estate.…

…As at the time the deceased died, the cause of action for the tort of negligence still vested in her irrespective of the fact that the cause of action was statute barred.…