Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…of action. (2) The requirements of this subsection are fulfilled in relation to a cause of action if it is proved that material facts relating to that cause of action were or included facts of a decisive character which…
…of action accrued.”…
Division and case type: CivilCivil Appeal
…of action arose.…
…of action if the same 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 action by the party applying for leave to seek the amendment…
Division and case type: CivilCivil Appeal
…of action accrued.…
…any cause of action to which the application relates.…
Division and case type: CivilCivil Appeal
…of action accrued.”…
…of action accrued.”…
Division and case type: CivilCivil Appeal
…If the words complained of were not referable to the plaintiff whose name was not in the letter, then the plaint disclosed no cause of action and was bound to be struck out.…
…This view was also rejected as the plaint itself disclosed no cause of action. It was further argued that the trial judge in dismissing the plaint relied on the doctrine of absolute privilege.…
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
…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.…
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
…action.…
…of action, and; (c) that the suit and the application are res judicata.…
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.…
Division and case type: CivilCivil Appeal
…If the respondent had paid the appellant one month’s salary and dispensed with his services forthwith, the appellant would have had no cause of action. In our view this appeal has no merit and is accordingly dismissed.…
Division and case type: CivilCivil Appeal
…Secondly, in addition to the required particulars having been already supplied, because of the nature of the plaintiff’s cause of action.…
Division and case type: CivilCivil Appeal
…I have no doubt the appellant was taken by surprise by the introduction of the unpleaded cause of action at the hearing, but although his advocate protested he did in fact, to some extent, participate in the consideration…
…This appeal might never have been brought if the true cause of the action had been pleaded.…
Division and case type: CivilCivil Appeal
…Two important paragraph of the plaint, namely paragraphs 6 and 7 primarily set out the respondent’s cause of action. The allegations made in these paragraphs were nor denied at all in the defence dated 2nd July 1991.…
Division and case type: CivilCivil Appeals numbered
…The cause of action in the superior court in respect of both the intended appeals arose out of the same traffic accident and hence there is consolidation of the two applications before me. At the outset Mrs.…
Division and case type: CivilCivil Appeal
…‘To my mind it is evident that our judicial system would never permit a plaintiff to be “driven from the judgment seat” in this way without any Court having considered his right to be heard, excepting in cases where the cause…
…of action was obviously and almost incontestably bad.”…
Division and case type: CivilCivil Appeal
…Though the record of proceedings for that day is not clear on the point, the order for stay was made in order that the provisions of clause 9 of the policy should first be complied with, if the respondent was to have any cause…
…of action against the appellant at all.…
Division and case type: CivilCivil Suit
…This matter was never pleaded (as in my opinion it could have been) as an alternative cause of action, possibly joining the school as a co-defendant, but it was touched on in the course of the appeal, and it may therefore…
…Without either of such allegations the bald statement that the Defendant shot the plaintiff in unspecified circumstances with an unspecified weapon in my view disclose no cause of action.…
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.…