Judgment[1993] KECA 75
Bernard M. Mbithi v Mombasa Municipal Council & another
Division and case type: CivilCivil Appeal
…of action accrued.”…
…of action accrued.”…
Appeal failsDismissed19 min read
Case law
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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 accrued.”…
…of action accrued.”…
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
…King [1908] 2 KB 696 at 724:- “...........But in my opinion it is the duty of the plaintiff’s counsel, the duty which ought to be enforced by the judge, when he asks for an amendment which raises a fresh issue or a fresh cause…
…of action, to formulate and state in writing the exact amendment that he asks, in justice to the defendant, in order that he may know exactly the new case that he has to meet, and to the learned judge in order that he may…