Case law
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Division and case type: CivilCivil Case
…By the bringing of the application to substitute the plaintiff it was made clear both to the Court and the defendant that the estate of the deceased plaintiff was desirous of continuing the prosecution of the cause of action…
Division and case type: CivilCivil Appeal
…Though the record of proceedings for that day is not clear on the point, the order for stay was made in order that the provisions of clause 9 of the policy should first be complied with, if the respondent was to have any cause…
…of action against the appellant at all.…
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: 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.…
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 Case
…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 Suit
…However, in my view the cause of action inrelation to this aspect could only accrue to the plaintiff'sprevious employer who would have been entitled to the notice.Thus, it is impossible to see how the failure on the part…
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: Constitutional and Human RightsElection Petition
….- 3 - (e) The petition discloses no reasonable cause of action and is otherwise an abuse of the process of Court.…
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…
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…
Division and case type: CivilCivil Appeal
…The view that I take is that consortium is incapable of minor, separate sub-divisions each of which would give a cause of action. Consortium must be viewed as one whole entity.…
…Definitely the type of injuries which Maria Vesters sustained affected every ingredient of consortium, giving the second respondent a cause of action.…
Division and case type: CivilCivil Suit
…PLAINTIFF VERSUS JOHNSON NGANGA MBUGUA............................DEFENDANT JUDGEMENT The cause of action in this suit arises out of financialadvances made to the defendant for the purchase of a motorvehicle a Mercedes Benz…