“"cause of action"” — court decisions

Judgment[1983] KEHC 4728 March 1983

BUNDI MAKUBE an infant suing by his next friend THOMAS BUNDI v JOSEPH ONKOBA NYAMURO

High Court at Kisiijudge disbelieved Bundi,JUDGE APPEAL,judge KisiiCIVIL APPEAL NO. 8 OF 1983

Division and case type: CivilCivil Suit

…This matter was never pleaded (as in my opinion it could have been) as an alternative cause of action, possibly joining the school as a co-defendant, but it was touched on in the course of the appeal, and it may therefore…

…Without either of such allegations the bald statement that the Defendant shot the plaintiff in unspecified circumstances with an unspecified weapon in my view disclose no cause of action.…

21 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