Judgment[1984] KECA 17
Case law
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Division and case type: CivilCivil Appeal
…The respondent had no cause of action. He denied the allegations of the respondent. The respondent was not the holder of the note because it had endorsed it to its banker.…
…The Standard Bank was the holder of the note because it had not re-endorsed it to the respondent and for this reason the respondent had no cause of action.…
Division and case type: CivilCivil Suit
…There was also a pleading by the defendant that the plaint was bad in law and disclosed no cause of action against the defendant.…
…So the issues between the parties were: 1. was the plaint bad in law because it did not disclose any cause of action? 2. who owned this land before it was registered ? 3. was it sold to the defendant?…
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.…