“"cause of action"” — court decisions

Judgment[1993] KECA 8918 October 1993

Trouistik Union International & another v Mbeyu & another

Court of Appeal at NairobiBosire,Judge Court,JUDGE APPEALCivil Appeal 145 of 1990

Division and case type: CivilCivil Appeal

…That Act keeps alive, with few exceptions, causes of action which vest in a person since deceased.…

…To determine who may agitate by suit any cause of action vested in him at the time of his death, one must turn to section 82 (a) of the Law of Succession Act.…

17 min read

Judgment[1984] KECA 569 July 1984

Ngome v Plantex Company Ltd

Court of Appeal at NairobiGACHUHI,JUDGE APPEALCase number Civil Appeal 91 of 1983

Division and case type: CivilCivil Appeal

…In that case the learned judge held: “Dismissal under r 4 is absolute in that r 7(1) prohibits a fresh action being brought in respect of the same cause of action.…

suit is dismissedDismissed10 min read

Judgment[1995] KECA 12831 August 1995

Kimani Wanyoike v Electoral Commission & another

Court of Appeal at NairobiJudge Nyeri High Court,Judge Nakuru,JUDGE ESSEX CLARK,JUDGE APPEAL,Kimani Wanyoike,Imanyara,Kivuitu,Ngei,Mbondo,CheboiwoCase number Civil Application 213 of 1996

Division and case type: CivilORIGINATING SUMMONS

…The plaint dated 18th August, 1995 discloses no cause of action against the defendants. It cannot survive the application. It is struck out with no orders as to costs. Orders accordingly.…