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…There is no cause of action against the Defendant herein. ii.…

…of action arose between May 2017 and November 2018.…

…That a successor authority inherits liabilities and the act of succeeding the previous local authority cannot create a cause of action thus the commencement date of the cause of action remains either 2008 or 30/10/2012 and…

…Further, that section 23 (3) of the Limitation of Actions Act provides that where there is an acknowledgement, the cause of action arises on this date.…

…In the alternative, they argued that even if the cause of action did survive, the suit abated one year after the death of the now deceased Plaintiff. 13.…

…The starting point is therefore the nature of the cause of action and the applicable substantive law. 20.…

…of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the suit by the party applying for leave to make…

…It does not change the cause of action.…

…Citing Section 15 of the Civil Procedure Act, they argued that suits must be filed either where the defendant resides or where the cause of action arises.…

…of action occurred.…

…The applicants contend that the Plaintiff has failed to disclose any viable cause of action against them.…

…A cause of action will not be considered reasonable if it does not state such facts as to support the claim/prayer...” A reasonable cause of action is a valid legal basis for filing a lawsuit.…

…In the grounds in support of the application, the 1st defendant states that the cause of action herein arose in January 2016, while the suit was filed on 27th January, 2023.…

…of action is deemed to arise. 15.…

…I have read the Plaint in respect of the issue whether the it discloses a reasonable or discernible cause of action against the Applicant.…

…The exact cause of action as relates to the Applicant has not been clearly brought out and cannot therefore be easily discerned from the pleadings.…

…of action accrues.…

…I adopt the question taken in South Nyanza Sugar Co Ltd vs Dickson Aoro Owuor (supra) in determining when the cause of action accrues. …

…of action accrued.…

…the cause of action, within which a tort claim must be made.…

…of action or defence in law…” 7.…

…It is sufficient that the Plaintiffs have pleaded sufficient facts which, if proved, could establish a cause of action against the Applicants. 15.…

…of action, and is so weak as to be beyond redemption and incurable by amendment.…

…If a suit shows a mere semblance of a cause of action, provided it can be injected with real life by amendment, it ought to be allowed to go forward for a court of justice ought not to act in darkness without the full facts…

…of action arises from an act or omission that is yet to occur–that the act or omission has been authorised by the company; or (c) if the cause of action arises from an act or omission that has already occurred — that the…

…Whether the cause of action is vested in the Company 34.…

…The court noted the Appellant incurred costs on 15/2/2017, 18/2/2017, 21/2/2017, and 16/3/2017 and found that the cause of action accrued upon issuance of the last receipt, which was on 16/3/2017. 11.…

…What is for determination is when exactly the cause of action accrued since from that time the limitation period of 6 years starts running? I do not find that issue difficult to decide on.…

…The court must first satisfy itself that there is a prima facie case on any of the causes of action noted under s.238(3).…

…of action arises from an act or omission that is yet to occur-that the act or omission has been authorized by the company; (c) if the cause of action arises from an act or omission that has already occurred — that the act…

…of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the suit by the party applying for leave to make…

…This discretion extends even to amendments that introduce a new cause of action, provided the new cause of action is based on the same or substantially similar facts. 15.…

…It was stated by Counsel for the plaintiff that the cause of action and the issues in this suit are different from the issues and cause of action in HCCC No. 577 of 2011 hence the suit herein as against the 2nd defendant…

…and as such, the cause of action against the 2nd defendant herein is new. 40.…

…The Applicant submitted that the Plaintiff is advancing a cause of action, where the loan has been taken over by another Bank and where the loan was repaid in full.…

…While the said amendments may have been filed with the leave of the court, the Amended Plaint still does not disclose a cause of action because the claims are time barred.…

…The 2nd Defendant contends that it was not an original party to the suit and was only joined through the Counterclaim filed on 21st October 2024, more than six years after the alleged cause of action arose.…

…That section provides that actions founded on contract and actions to enforce an equitable claim may not be brought after the end of six years from the date on which the cause of action accrued. 11.…