“"cause of action"” — court decisions

Judgment[1993] KECA 7521 January 1993

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[1993] KEHC 14016 November 1993

Kibundi v Mukobwa & another

High Court at MeruJoseph ButlerCase number Civil Case 390 of 1992

Division and case type: CivilCivil Case

…[1933] 2 K B I at p 9; that the development of fresh circumstances (as distinguished from a mere discoverey of fresh evidence on matters which have been open for controversy in the earlier proceedings), may found a new cause…

…of action based on adverse possession.…

6 min read

Judgment[1993] KEHC 2020 September 1993

PRUDENTIAL FINANCE LIMITED v JOHNSON NGANGA MBUGUA

High Court at NairobiDugdale,Bunei,Kariuki,Mutua,Mbugua,WilsonKipkoti Managing Director,Kipkoti,Wilson Kipkoti,NgugiCase number Civil Suit 3512 of 1990

Division and case type: CivilCivil Suit

…PLAINTIFF VERSUS JOHNSON NGANGA MBUGUA............................DEFENDANT JUDGEMENT The cause of action in this suit arises out of financialadvances made to the defendant for the purchase of a motorvehicle a Mercedes Benz…

14 min read

Judgment[1993] KEHC 9729 March 1993

Amina Adam & 3 others v Rosamma Alexander & 2 others

High Court at MeruOmolo,Judge Omolo,SheCase number Civil Case 81 of 1993

Division and case type: CivilCivil Case

…Mr Taib Ali Taib dismissed as irrelevant to the instant application, saying there is no authority for saying that internal rules must be exhausted before coming to the Court; and that immediately a wrong is committed, a cause…

…of action arises and a person aggrieved is entitled to come to Court without waiting for school rules to be followed.…

application dismissedDismissed63 min read