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…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.…

…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.”…

…That the plaint discloses no cause of action against the Defendant and 2. That the plaintiff has no locus standi to file the suit or the application.…

…The suit was for certain declarations and the law was that no cause of action need to be disclosed (although in fact such cause of action is actually disclosed) 3.…

…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…

…Sec. 28(2) provides: “(2) Where such an application is made before the commencement of a relevant action, the court shall grant leave in respect of any cause of action to which the application relates; if, but only if, on…

…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…

…of action accrued.…

…any cause of action to which the application relates.…

…of action arose in 2001 when the 1st defendant transferred the property to the 2nd defendant.…

…of action or being otherwise an abuse of the process of the court.…

…of action accrued.”…

…of action accrued.”…

…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.…

…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…

…The defendant, Daniel Kipkemei Cherogony who is the appellant in this appeal in a similarly home made and handwritten statement of defence stated as follows in defence: “That the cause of action arose in 1972 and the defendant…

…The issue of limitation of time immediately comes into mind as this suit was filed twenty (20) years after the cause of action arose.…

…When he filed it, the cause of action was very much alive, and the court felt confident enough to grant temporary orders of injunction upon the suit.…

…However, under the proviso to that subsection, costs of any action, cause or other matter or issue shall follow the event unless the court or judge shall, for good reason, otherwise order.…

…The court must, however, make a positive finding as to the existence of a cause of action. Once the court identifies a probable cause of action a prima facie case is established.…

…If the court holds that no cause of action is disclosed by the pleadings or that such cause of action as is pleaded is far too doubtful for it to rely on, the court must refuse the injunction.…

…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.…

…of action arose.…

…of action arose or at the time the writ in this action was issued. 61.…

…Her cause of action against the second defendant which is pleaded in paragraph 8 of the plaint is even more difficult to understand.…

…In the circumstances I do not see how she can have any cause of action against M A but as the case has yet to come to trial; I do not have to deal with the point.…

…When a claim is compromised, the cause of action becomes merged and is supersedent by the compromise and a defence to the original cause of action is not a defence to an action brought to enforce the compromise.…

…At the trial, the Attorney General, the Respondent here took a Preliminary Objection saying that the motion offends the Provisions of Order 1 Rule vi 12 of the Civil Procedure Rules and that the cause of action in this matter…

…This Court, therefore cannot assume that the claim is a “cause of action” described under Cap 22 in the first place nor that it is either a tortious wrong or a contractual breach.…

…action.…

…of action, and; (c) that the suit and the application are res judicata.…