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…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.…

…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.…

…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.…

…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.…

….- 3 - (e) The petition discloses no reasonable cause of action and is otherwise an abuse of the process of Court.…