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…By dint of paragraphs 24, 25, 26, 28 29 and 30 of the plaint, the cause of action was pleaded to have accrued on 27th July 1999 when the alleged breach of contract occurred.…

…of action occurred.…

…of action accrued.…

…of action accrued.…

…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.”…

…I think the principle behind the doctrine is that a cause of action or causes of action that arise from an incident or that are related and involve the same persons should be determined once and for all.…

…That no more actions than one can be brought for the same cause(s) of action. That where there is but one cause of action, damages must be assessed once and for all.…

…Whether a cause of action in tort can survive a tortfeasor ii.…

…of a cause of action in tort which by virtue of this section has survived against the estate of a deceased person unless either— (a) proceedings against him in respect of that cause of action were pending at the date of…

…The Appellant submitted that the trial court erred in not finding that the cause of action herein was time barred.…

…According to the Appellant, the cause of action arose in 2017, when he sold the vehicle to the Claimant and it was erroneous for the adjudicator not to hold that the cause of action offended the provisions of Section 4(1)…

…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.…

…In the alternative, they argued that even if the cause of action did survive, the suit abated one year after the death of the now deceased Plaintiff. 13.…

…The starting point is therefore the nature of the cause of action and the applicable substantive law. 20.…

…Citing Section 15 of the Civil Procedure Act, they argued that suits must be filed either where the defendant resides or where the cause of action arises.…

…of action occurred.…

…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 accrues.…

…I adopt the question taken in South Nyanza Sugar Co Ltd vs Dickson Aoro Owuor (supra) in determining when the cause of action accrues. …

…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).…

…In the circumstances, when the plaint was looked at fairly and squarely, it clearly disclosed no cause of action on the part of the respondent against the appellant.…

…In those circumstances, the judge ought to have allowed the appellant’s chamber summons and struck out the plaint as disclosing no cause of action.…

…The cause of action took place on the 5th September, 2015 and any action should have been instituted on or before 4th September, 2018; ii.…

…In the instant case, there is no dispute that the cause of action accrued on 5th September 2015 and that the suit was filed on 5th September 2018.…