Judgment[1990] KECA 56
Case law
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Division and case type: CivilCivil Appeal
…the defendants; (2) the plaint discloses no cause of action; and (3) the suit be dismissed with costs.…
…Thereafter the defendants took out a chamber summons under order 6 rule 13 of the Rules seeking (i) an order that the plaintiff has no cause of action against the defendants; (ii) an order that the plaint discloses no cause…
Division and case type: CivilCivil Appeal
…of action arose.…
…of action arose or at the time the writ in this action was issued. 61.…
Division and case type: CivilCivil Appeal
…The cause of action could not at that very late stage be questioned. The evidence which was adduced in the proceedings for assessment of damages was specifically for that purpose and for none other.…
…That evidence was not intended to establish the existence or otherwise of a cause of action. A judgment which is entered in default of appearance for a defendant presupposes that there is a cause of action.…