Case law
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Division and case type: CivilCivil Appeal
…Two important paragraph of the plaint, namely paragraphs 6 and 7 primarily set out the respondent’s cause of action. The allegations made in these paragraphs were nor denied at all in the defence dated 2nd July 1991.…
Division and case type: CivilCivil Case
…Wandaba for the 2nd Defendant argued that since the Plaintiff’s cause of action against the 2nd Defendant was premised on the Judgment given in March, 1984, it was barred by section 4(4) of the Limitation of Action for having…
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.…
Division and case type: CivilCivil Appeals numbered
…The cause of action in the superior court in respect of both the intended appeals arose out of the same traffic accident and hence there is consolidation of the two applications before me. At the outset Mrs.…
Division and case type: Milimani Commercial CourtsCivil Case
…He confirmed that had the defendant continued to pay its contribution at the rate of 35.7% until the full repayment of the loan, there would have been no cause of action against it.…
Division and case type: CivilCivil Case
…which is a legal entity, can because of its corporate trading character might be ruined by defamation bring an action in defamation for words which are calculated to injure its reputation in its trade and business, the same cause…
…of action might not be open to an unincorporated association such as the first plaintiff in its own name (see Gatley on Libel and Slander, 4th Edition Paragraph 954 and Halsbury’s Laws of England, Fourth Edition paragraph…
Division and case type: CivilCivil Appeal
…‘To my mind it is evident that our judicial system would never permit a plaintiff to be “driven from the judgment seat” in this way without any Court having considered his right to be heard, excepting in cases where the cause…
…of action was obviously and almost incontestably bad.”…
Division and case type: CivilCivil Case
…The 2nd defendant on the other hand has filed an application under order VI rule 13 of the Civil Procedure Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against…
Division and case type: Environment and LandPetition
…That therefore there is no cause of action against the 6th Respondent to warrant the orders sought by the Petitioner as against the 6th Respondent. vi.…
…Counsel also submitted that there is no cause of action against it and its presence herein is not necessary for the adjudication of the dispute.…
Division and case type: CivilMiscellaneous Application
…According to rule 2 of order 53 before LN 164/92 no leave could be granted for an order of certiorari unless the application for leave is made not later than 6 months after the cause of action arose.…
Division and case type: CivilCivil Appeal
…And though I do not think that the political rivalry between the applicants and the 2nd respondent gives the former any cause of action and locus standi, the applicants as I have already stated, have as rate payers, sufficient…
Division and case type: CivilCivil Suit
…years had lapsed since the accident she was entitled to avail of section 4 (2) of the Limitation of Actions Act (cap 22): “An action founded on tort may not be brought after the end of three years from the date on which the cause…
…of action accrued.”…
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.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…Indeed, the Petitioner sues as the registered proprietor of the suit property and sets out the cause of action at paragraphs 9-11 of the Petition, as follows: “9.…
Division and case type: CivilCivil Appeal
…In that case the learned judge held: “Dismissal under r 4 is absolute in that r 7(1) prohibits a fresh action being brought in respect of the same cause of action.…
Division and case type: CivilORIGINATING SUMMONS
…The plaint dated 18th August, 1995 discloses no cause of action against the defendants. It cannot survive the application. It is struck out with no orders as to costs. Orders accordingly.…
Division and case type: CivilCivil Case
…What then is the cause of action shown by the plaintiff against the first defendant? Save that the first defendant is the substratum of the dispute, the said dispute is squarely between the two individuals.…
Division and case type: CivilCivil Appeal
…They also stipulate that the award of an arbitration is to be a condition precedent to the enforcement of any rights under the contract; so that a party has no cause of action in respect of a claim falling within the clause…
Division and case type: CivilCivil Appeal
…He verified the facts constituting the cause of action and stated his belief that there was no real defence to the claim.…
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…