“"cause of action"” — court decisions

Judgment[1994] KECA 7830 May 1994

Kenindia Assurance Co Ltd v Patric Muturi

Court of Appeal at NyeriKuloba,judge refused Mr Ghadialy,JUDGE APPEALCase number Civil Appeal 87 of 1993

Division and case type: CivilCivil Appeal

…Though the record of proceedings for that day is not clear on the point, the order for stay was made in order that the provisions of clause 9 of the policy should first be complied with, if the respondent was to have any cause…

…of action against the appellant at all.…

15 min read

Judgment[1990] KECA 5725 February 1990

Kenya Meat Commission v Richard Ambogo Raden

Court of Appeal at Commissionjudge assessed damages Kshs,JUDGE APPEALCase number Civil Appeal 40 of 1989

Division and case type: CivilCivil Appeal

…The plaintiff’s cause of action as pleaded in his plaint was based on negligence and in the alternative on alleged breach of statutory duty on the part of the defendant to provide the plaintiff with a safe place of work.…

…issue and while I am prepared to accept that the pleading in relation to breach of statutory duty could have been drawn better or improved upon, it nevertheless covered the basic essential ingredients of the particular cause…

28 min read