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…He stated that the application should not be allowed as there is no basis upon which the application can be allowed as it raises no cause of action.…

…The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives or continues. 2.…

…within 12 months after the cause of action arose.…

…of action accrued.”…

…That a successor authority inherits liabilities and the act of succeeding the previous local authority cannot create a cause of action thus the commencement date of the cause of action remains either 2008 or 30/10/2012 and…

…Further, that section 23 (3) of the Limitation of Actions Act provides that where there is an acknowledgement, the cause of action arises on this date.…

…Counsel submitted that the cause of action arose in 1988 when the land parcel No. …

…That by the time the said deceased was dying, the cause of action was statute-barred. That at the time the Plaintiff filed the suit, the cause of action had been caught up in statutory limitation.…

…In view of Order 24 rule 1, it can only be granted where the cause of action survives. The Defendant had a cause of action in his counterclaim, and the trial Court granted judgment in his favour.…

…A cause of action that has found itself in the firm grip of limitation of actions is stale, dead and unenforceable. It simply does not exist.…

…I have read the Plaint in respect of the issue whether the it discloses a reasonable or discernible cause of action against the Applicant.…

…The exact cause of action as relates to the Applicant has not been clearly brought out and cannot therefore be easily discerned from the pleadings.…

…of action accrued.…

…the cause of action, within which a tort claim must be made.…

…The sole issue for determination is whether Bathsheba’s Plaint should be struck out for disclosing no reasonable cause of action against the Applicants.…

…of action.…

…The gist of the application was that the plaintiff’s cause of action did not survive his death hence the suit had abated under Order 24 of the Civil Procedure Rules.…

…Survival of causes of action is primarily governed by the Land Reform Act (Cap 26).…

…The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives or continues. 2.…

…Procedure in case of death of one of several plaintiffs or of sole plaintiff [Order 24, rule 3] (1) Where one of two or more plaintiffs dies and the cause of action does not survive or continue to the surviving plaintiff…

…The defendant contends that the said paragraphs introduce a new cause of action after more than 10 years of alleged publication.…

…That the intended cause of action is barred by statute of limitation and the court also lacks jurisdiction to determine the issues raised by way of the amendments.…

…The death of a plaintiff or defendant shall not cause the suit to abate if the cause of action survives or continues. 2.…

…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…

…Swanya, submitted that the date when the cause of action arose is not definite.…

…of action has accrued.…

…Section 4(2) of the Limitations of Actions Act provides that: 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. 26.…

…of action or being otherwise an abuse of the process of the court.…

…of action. 12.…

…of action so as to seek the same remedy and that the test was whether the Plaintiff in the second suit was trying to bring the court in another way and in a form of a new cause of action which had been resolved by court…

…of action, and it does not constitute an amended plaint.…

…NDIVISI/MUCHI/2366; is premised on various similar causes of Actions, between same parties as follows; 34). THAT, the first cause of Action, is the stealing of the subject matter L.R NO.…

…of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the suit by the party applying for leave to make…

…The purpose of amending pleadings was to ensure that nothing is left out of the case since should one not include all the causes of action in the suit, he cannot file another suit for the cause of action that ought to have…

…The Cause of Action in the pending suit is a breach of the terms and conditions contained in the said Contract dated 30.08.2010. 21.   …

…In essence, the 2nd Defendant did plead and submit that the cause of action pleaded by the Plaintiff was time barred and should therefore be struck out forthwith. 25.   …

…That the Draft Amended Petition seeks to introduces a totally new cause of action for alleged unlawful demolition/ destruction of office buildings and/or structures.…

…(iii) Only where no new or inconsistent cause of action is introduced i.e. if the new cause of action does not arise out of the same facts or substantially the same facts as a cause of action.…