Case law
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Division and case type: High Court Commercial and TaxCommercial Matters
…after the end of 3 years from the date on which the cause of action accrued.…
…The 7th defendant submitted that the plaintiff’s claim against it does not disclose a reasonable cause of action while the plaintiff asserted that under paragraph 25 of its plaint, it has fully disclosed its cause of action…
Division and case type: High Court Commercial and TaxCommercial Matters
…The court must look at the pleadings only to justify whether a cause of action has been established against the Defendant.…
…The second issue for determination is whether the plaint discloses a cause of action against the Defendant.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Whether the suit discloses a reasonable cause of action against the 1st Defendant. ii. Whether the suit is statute-barred. Whether the suit discloses a reasonable cause of action against the 1st Defendant. 9.…
…The 1st Defendant seeks to strike out the suit on the ground that it discloses no reasonable cause of action against him.…
Division and case type: High Court Commercial and TaxCommercial Matters
…That even if the amendment introduced a new cause of action, it was within the Court’s power to allow an amendment when it introduces a new cause of action as long as the new cause of action arises out of the same facts.…
…of action if the new cause of action arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the suit by the party applying for leave to make…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The appellant argued that its cause of action arose from its wrongful listing with the Credit Reference Bureau (CRB) by the respondent.…
…of action herein arose on 31 st March 2015. 8.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Applicant submits that the Plaint fails to disclose a reasonable cause of action against it.…
…of action. 8.…
Division and case type: High Court Commercial and TaxCommercial Matters
…For determination is a Notice of Preliminary Objection dated 20th May 2025, in which the Defendants challenge the jurisdiction of this Court on the ground that the Plaintiff’s cause of action is time-barred.…
…This, it argues, constitutes a cause of action for recovery of money, which under Section 4(1)(d) enjoys a six-year limitation period. 7.…
Division and case type: High Court Commercial and TaxCommercial Matters
…They assert that the default on these loans occurred in 2012, marking the point when the cause of action accrued.…
…The next issue is whether the cause of action occurred in Kisumu.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…By dint of paragraphs 24, 25, 26, 28 29 and 30 of the plaint, the cause of action was pleaded to have accrued on 27th July 1999 when the alleged breach of contract occurred.…
…of action occurred.…
Division and case type: High Court Commercial and TaxCommercial Matters
…A cause of action will not be considered reasonable if it does not state such facts as to support the claim/prayer...” 9. A reasonable cause of action is a valid legal basis for filing a lawsuit.…
…The 2nd Defendant has urged this court to strike out the plaint for failure to disclose a cause of action.…
Division and case type: High Court Commercial and TaxCommercial Matters
…According to them, a cause of action in a contractual claim accrues when the debt becomes due, which is when the right to sue arises. 3. The respondent, a contracting company, opposes the application.…
…The present claim is based on a contractual agreement, making the limitation period six years from the date of accrual of the cause of action.…
Division and case type: High Court CivilCivil Suit
…of action accrued.…
…of action accrued.…
Division and case type: High Court CivilCivil Suit
…within 12 months after the cause of action arose.…
…of action accrued.”…
Division and case type: High Court CivilCivil Appeal
…I think the principle behind the doctrine is that a cause of action or causes of action that arise from an incident or that are related and involve the same persons should be determined once and for all.…
…That no more actions than one can be brought for the same cause(s) of action. That where there is but one cause of action, damages must be assessed once and for all.…
Division and case type: High Court DivCivil Appeal
…Whether a cause of action in tort can survive a tortfeasor ii.…
…of a cause of action in tort which by virtue of this section has survived against the estate of a deceased person unless either— (a) proceedings against him in respect of that cause of action were pending at the date of…
Division and case type: High Court Commercial and TaxCommercial Matters
…of action.…
…arose on 6th January, 2011 and not on 1st October, 2010 when this suit’s cause of action arose.…
Division and case type: High Court CivilCivil Appeal
…The Appellant submitted that the trial court erred in not finding that the cause of action herein was time barred.…
…According to the Appellant, the cause of action arose in 2017, when he sold the vehicle to the Claimant and it was erroneous for the adjudicator not to hold that the cause of action offended the provisions of Section 4(1)…
Division and case type: High Court Commercial and TaxCommercial Matters
…of action accrued. 7.…
…The defendants further submitted that the plaintiff, in his suit, also alleged fraud, a cause of action based in tort that is, by law, restricted to three years from when the cause of action arose. 8.…
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…
…then that pleading discloses a reasonable cause of action.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Counsel submitted that the amendment introduces a cause of action predicated on a contract after six years from the time the cause of action arose. 9.…
…Based on the facts, the counterclaim arises out of a cause of action which arose in 2017, being a breach of a loan facility agreement dated 2014 between the parties. 11.…