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…The grounds of opposition included a contention that the Plaintiff’s suit against the 3rd Defendant had no chance of succeeding in the absence of privity of contract and any reasonable cause of action.…

…Amin for the 1st Defendant contended that the entire Chamber Summons application brought by the Plaintiff was an abuse of the process of the Court as the same lacked merit and failed to disclose any reasonable cause of action…

…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.…

…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.…

…Secondly, in addition to the required particulars having been already supplied, because of the nature of the plaintiff’s cause of action.…

…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…

…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.…

…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.…

…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…

…‘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.”…

…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.…

…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.…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…Secondly, whether, in absence of the Judgment or a copy thereof, the applicant could have appreciated the reasoning and final decree to permit him or her to take the next cause of action.…

…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…

…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.…

…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.”…

…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…

…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.…

…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.…