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…But in fact he held that the plaint disclosed no cause of action, and he ordered it to be struck out. Hence, although he held that fraud might give the Plaintiff Company a cause of action, he did not act upon it.…

…Barthlomew, [1892] 1 QB 161 every complaint under the Act in question was required to be made within one calendar month after the cause of action arose.…

…concludes her submission by stating that under the Public Authorities Limitation Act, cap 39 Laws of Kenya, this action is barred by section 3(1) as read with section 5 in that the action was filed 36 months after the date of…

…the cause of action.…

…There is no doubtthat the claim by the Plaintiff in her capacity as theadministrator of the estate of the deceased under the Law ReformAct is a distinct and separate cause of action from the claim bythe plaintiff on her own…

…Firstly, he submitted that the plaint discloses no cause of action saying that the plaintiff got possession from 21/5/2004.…

…To my mind, therefore, apart from merits of the suit authorised, which is one of the factors the Judge handling the application for leave has to generally consider to discern whether a cause of action is disclosed and which…

…Mr Taib Ali Taib dismissed as irrelevant to the instant application, saying there is no authority for saying that internal rules must be exhausted before coming to the Court; and that immediately a wrong is committed, a cause…

…of action arises and a person aggrieved is entitled to come to Court without waiting for school rules to be followed.…

…tested by the question stated in the judgment of the two other members of the court, AL Smith LJ and Romer LJ in the same case, ie, was the defendant conduct such as to encourage the plainti to believe that he had a good cause…

…of action?…

…general rule, bring an action against B to recover damages or secure other relief on behalf of C for an injury done by B to C, C is the proper plaintiff because C is the party injured and therefore the person in whom the cause…

…of action is vested.…