Case law
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Division and case type: High Court DivCriminal Appeal
…That, there was no probable cause of action raised by the Respondent against the Appellant/ Second Defendant. 9.…
…In other words, the four requirement must “unite” in order to create or establish a cause of action. If the Plaintiff does not prove them he would fail in the action.”…
Division and case type: High Court CriminalCriminal Appeal
…of action or defence in law; or (b) It is scandalous, frivolous or vexatious; or (c) It may prejudice, embarrass or delay the fair trial of the action; or (d) It is otherwise an abuse of the process of the court, and may…
…Joseph Mbaria Muchina & Another [1980] eKLR, Madan JA, stated: “No suit ought to be summarily dismissed unless it appears so hopeless that it plainly and obviously discloses no reasonable cause of action, and is so weak…
Division and case type: High Court CriminalCriminal Appeal
…interferes with the right of a litigant to conduct his litigation…It will be exercised where the proceedings are shown to be frivolous, vexatious or harassing or to be manifestly groundless or in which there is clearly no cause…
…of action in law or in equity.…
Division and case type: High Court DivCriminal Appeal
…The state opposed the appeal, and it was contended that there was no cause of action. 6. On June 27, 2023, Criminal Case No. E033 of 2021 was listed for hearing.…
Division and case type: CriminalCriminal Appeal
…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: CriminalCriminal Appeal
…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: CriminalCriminal Appeal
…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: High Court DivCriminal Appeal
…It argued that territorial jurisdiction was defined by the location where the cause of action arose to ensure that parties have a fair opportunity to be heard. 16.…
Division and case type: High Court CriminalCriminal Appeal
…provides as follows: “4(5) An action to recover any penalty or forfeiture or sum by way of penalty or forfeiture recoverable by virtue of a written law may not be brought after the end of two years from the date on which the cause…
…of action accrued.” 23.…
Division and case type: High Court CriminalCriminal Appeal
…However, his evidence shows no nexus between the cause of action and the tap incident as claimed.…
Division and case type: High Court DivCriminal Appeal
…This may not only be prejudicial but ultimately amounts to a failure of justice. contrast, the transactions and the subject matter in each of the particulars of the offence are the same, thus representing the same cause of…
…action for each of the transactions.…