“"cause of action"” — court decisions

Judgment[1993] KECA 7521 January 1993

Bernard M. Mbithi v Mombasa Municipal Council & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 3 of 1992

Division and case type: CivilCivil Appeal

…of action accrued.”…

Appeal failsDismissed19 min read

Judgment[1995] KECA 16517 October 1995

Macharia v Mungai

Court of Appeal at NairobiShields,judge Plot No,JUDGE APPEALCivil Appeal 85 of 1990

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.…

Appeal dismissed

Judgment[1984] KECA 1719 February 1984

Kanji v Agriquip Agencies (EA) Ltd

Court of Appeal at Nairobitaxation of the bill of costs,HeCase number Civil Appeal 55 of 1982

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.…

Appeal dismissedDismissed

Judgment[2008] KEHC 25328 December 2008

BLUESHIELD INSURANCE CO. LTD v SAMUEL NYAGA NGURUKIRI

High Court at Nairobitrial magistrate the respondent testified that he was injured whilst traveling in the subject vehicle,He,NjiruCase number Civil Appeal 860 of 2004

Division and case type: CivilCivil Appeal

…The appellant further contended that the respondent’s suit was bad in law and did not disclose a reasonable cause of action. 3.…

9 min read