Case law
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Division and case type: High Court Commercial and TaxCommercial Matters
…Accrual of the cause of action and the Limitation of Actions Act: 6.…
…To answer the question, the cause of action accrued on 11th June 1998, being the subsequent date of the action claimed of. 8.…
Division and case type: High Court Civil Appellate DivisionTribunals Appeal Case
…Actions Act, the cause of action having arisen in 1997 and the suit was only filed in 2023. 4.…
…However, with respect to whether the claim was time-barred, this Court must first interrogate when the cause of action arose. I disagree with the appellant that the cause of action arose in 1998.…
Division and case type: High Court DivCivil Appeal
…The cause of action took place on the 5th September, 2015 and any action should have been instituted on or before 4th September, 2018; ii.…
…In the instant case, there is no dispute that the cause of action accrued on 5th September 2015 and that the suit was filed on 5th September 2018.…
Division and case type: High Court CivilCivil Appeal
…of action. (2) The requirements of this subsection are fulfilled in relation to a cause of action if it is proved that material facts relating to that cause of action were or included facts of a decisive character which…
…of action accrued. 28.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…of action accrued. 8.…
…That is when the cause of action accrued going by the provisions of Section 4 (2) of the Limitation of Actions Act which provides that the cause of action of tort accrues on the date of the accident and not on the following…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…British Medical Associations & Ors., Lord Pearson stated as follows:- “........... the expression “reasonable cause of action” ....No exact paraphrase can be given, but I think “reasonable cause of action” means a cause of…
…Amuda & Ors; held that a reasonable cause of action means a cause of action with some chances of success, when only the allegations in the Statement of Claim are considered.…
Division and case type: High Court Commercial and TaxCommercial Matters
…According to her therefore, the date of accrual of the cause of action was 20/04/2020 being the date of discovery of the overcharge.…
…It is therefore the position that the Court’s discretion to extend time does not extend to causes of action of contract. 18.…
Division and case type: High Court CivilCivil Case Miscellaneous
…In opposing the application the Respondents insist that the case ought to be retained for hearing in Nyeri as the cause of action arose in Mukurwe-ini within Nyeri County .…
…of action, wholly or in part, arises.…
Division and case type: High Court CivilCivil Suit
…The defendant contends that the said paragraphs introduce a new cause of action after more than 10 years of alleged publication.…
…That the intended cause of action is barred by statute of limitation and the court also lacks jurisdiction to determine the issues raised by way of the amendments.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…British Medical Associations & Ors., Lord Pearson stated as follows:-“...... the expression “reasonable cause of action” ....No exact paraphrase can be given, but I think “reasonable cause of action” means a cause of action…
…Amuda & Ors; held that a reasonable cause of action means a cause of action with some chances of success, when only the allegations in the Statement of Claim are considered.…
Division and case type: High Court Commercial and TaxCommercial Matters
…of action. 15.…
…In a nutshell, the Defendant is saying that the 1st -13th Plaintiffs, as shareholders, have no cause of action against it. 29.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Upon perusal of the record, no suit, plaint, or originating process has been filed to give rise to a cause of action capable of being adjudicated upon.…
…The 1st Respondent also contends that the alleged cause of action arose in 2013 when the Applicant’s vehicles were repossessed.…
Division and case type: High Court CivilCivil Appeal
…of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate" And Section 2(3)(a) provides that "no proceedings shall be maintainable in respect to a cause of…
…action in tort which by virtue of this section has survived against the estate of the deceased person unless proceedings against him in respect of that cause of action were pending at the date of the date of his death According…
Division and case type: High Court DivCommercial Matters
…In summary, the grounds are that the counterclaim is an independent cause of action by the defendant against the plaintiffs, and it is for liquidated damages.…
…In other words, a defendant can claim any right by way of a counter-claim in respect of any cause of action that has accrued to him even though it is independent of the cause of action averred by the plaintiff and have the…
Division and case type: CivilCivil Appeal
…That the plaint discloses no cause of action against the Defendant and 2. That the plaintiff has no locus standi to file the suit or the application.…
…The suit was for certain declarations and the law was that no cause of action need to be disclosed (although in fact such cause of action is actually disclosed) 3.…
Division and case type: High Court Commercial and TaxCommercial Matters
…He stated that this suit should have been filed in Bungoma where the cause of action arose, and where the defendants are based.…
…He noted that the plaintiff has not provided proof to support the claim that the cause of action arose in Nairobi. Mr.…
Division and case type: High Court DivCommercial Miscellaneous
…of action in this matter arose in Thika.…
…A suit may equally be instituted where the cause of action, whether partially or wholly, arises.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…British Medical Associations & Ors.,[3] Lord Pearson stated as follows:- “........... the expression “reasonable cause of action”[4] ....No exact paraphrase can be given, but I think “reasonable cause of action” means a cause…
…Amuda & Ors;[5] held that a reasonable cause of action means a cause of action with some chances of success, when only the allegations in the Statement of Claim are considered.…
Division and case type: High Court CivilCivil Suit
…Swanya, submitted that the date when the cause of action arose is not definite.…
…of action has accrued.…
Division and case type: High Court Civil Appellate DivisionTribunals Appeal Case
…Actions Act, the cause of action having arisen in 1997 and the suit was only filed in 2023. 4.…
…However, with respect to whether the claim was time-barred, this Court must first interrogate when the cause of action arose. I disagree with the appellant that the cause of action arose in 1998.…