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…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.…

…of action arose in 2001 when the 1st defendant transferred the property to the 2nd defendant.…

…of action or being otherwise an abuse of the process of the court.…

…The defendant, Daniel Kipkemei Cherogony who is the appellant in this appeal in a similarly home made and handwritten statement of defence stated as follows in defence: “That the cause of action arose in 1972 and the defendant…

…The issue of limitation of time immediately comes into mind as this suit was filed twenty (20) years after the cause of action arose.…

…When he filed it, the cause of action was very much alive, and the court felt confident enough to grant temporary orders of injunction upon the suit.…

…However, under the proviso to that subsection, costs of any action, cause or other matter or issue shall follow the event unless the court or judge shall, for good reason, otherwise order.…

…The court must, however, make a positive finding as to the existence of a cause of action. Once the court identifies a probable cause of action a prima facie case is established.…

…If the court holds that no cause of action is disclosed by the pleadings or that such cause of action as is pleaded is far too doubtful for it to rely on, the court must refuse the injunction.…

…The grounds in support of the application are that the Nairobi Chief Magistrate’s court lacked jurisdiction to hear the matter because the cause of action arose in Mombasa and further that the defendant resides and conducts…

…From the pleadings, it was clear that the cause of action arose in Mombasa where the defendant resides and conducts his business.…

…The defendant further avers that the plaintiff’s suit is bad in that the same does not disclose any or any reasonable cause of action against it and is unreasonable and unmaintainable and should be struck out from record.…

…In the case of Kashibai v Sempagama [1967] EA 16 the defence contained a plea “The plaint is bad in law and does not disclose any cause of action ...”…

…Her cause of action against the second defendant which is pleaded in paragraph 8 of the plaint is even more difficult to understand.…

…In the circumstances I do not see how she can have any cause of action against M A but as the case has yet to come to trial; I do not have to deal with the point.…

…When a claim is compromised, the cause of action becomes merged and is supersedent by the compromise and a defence to the original cause of action is not a defence to an action brought to enforce the compromise.…

…At the trial, the Attorney General, the Respondent here took a Preliminary Objection saying that the motion offends the Provisions of Order 1 Rule vi 12 of the Civil Procedure Rules and that the cause of action in this matter…

…This Court, therefore cannot assume that the claim is a “cause of action” described under Cap 22 in the first place nor that it is either a tortious wrong or a contractual breach.…

…The cause of action he contended arose of 22nd April, 1997, and the suit was filed after six years. The court was urged to find the plaintiff’s claim time barred.…

…Counsel referred to the Limitation of Actions Act to support the contention that a suit for recovery of money should be filed within 6 years from the date of the cause of action.…

…I now deal with all of them not covered in any judgment so far:- Ground No 2 is that the plaint does not disclose any cause of action. Mr Kowade has argued that no notice of dishonour has been pleaded.…

…I have already dealt with the remaining two grounds namely grounds No 9 and 112 which relate to notice of dishonour and whether the plaint discloses a cause of action.…

…It is obvious the dates are not agreed neither is it agreed whether the cause of action arose after the appeal or on communication of the decision of that appeal to the Plaintiff.…

…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…

…The effect of the abatement was that under Rule 8(1) of Order XXIII of the Civil Procedure Rules, no fresh suit could be brought on the same 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…

…35 rule 1(2) of the Civil Procedure Rules provides:- “The application shall be made by motion supported by an affidavit either of the plaintiff or of some other person who can swear positively to the facts verifying the cause…

…of action and any amount claimed.”…

…There was also a pleading by the defendant that the plaint was bad in law and disclosed no cause of action against the defendant.…

…So the issues between the parties were: 1. was the plaint bad in law because it did not disclose any cause of action? 2. who owned this land before it was registered ? 3. was it sold to the defendant?…

…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.…