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Introduction
What is a Cause of Action? Probably, this is a question you’re having trouble answering or perhaps interpreting. To answer this question, we borrow from the case ofD.T. Dobie & Company (Kenya) Limited v Joseph Mbaria Muchina & another, where it was stated that a Cause of Action is a defendant’s act that forms the plaintiff’s base of complaint. It is from examining underlying facts and the governing law, a Cause of Action is determined.
For lawyers, it goes without saying that elements of cause of action must be identified and sufficiently proved during the trial, failure to which, the trial becomes a chase of the wind before going down into flames. Accordingly, to come out swinging in a trial, the facts pleaded must support the identified elements of cause of action to avoid biting off more than you can chew or success by the skin of your teeth.
Analysis On whether a single suit can have different Causes of Action
Straight to the point, the answer is YES. This is to a larger extend in joinder of defendants where relief is being sought in respect of the same transaction with each party having a distinct cause of action being pursued by the plaintiff and in consolidation of suits too. Notably, there should be strict adherence to the principle of Res Judicata. Order 1 Rule 3 of the Civil Procedure Rules provides for joinder of defendants while Order 3 Rule 5 speaks to joinder of causes of action. In Kenya Commercial Bank v Titus Kilonzo Mutua t/a Mbwala Agencies & 24 others the Court borrowed from the Code of Civil Procedure Mulla 12th Edition, page 498 citing that in all respects Indian provisions are similar to Kenyan ones:-
“Under the present rule, all persons may be joined as defendants against whom any right to relief in respect of the same act or transaction is alleged to exist, where if separate suits were brought against such persons, any common question of law or fact would arise, though the causes of action against the defendants may be different. A plaintiff is entitled under this rule to join several defendants in respect of several and distinct causes of action subject to the discretion of the Court to strike out one or more of the defendants…if it thinks it right to do so.”
However, it is the Court’s discretion to find such causes of action to be of merit. Looking at Munyekenye v Innovations for Poverty Action, the case was grounded on distinct causes of action and the claimants were only able to sufficiently prove one of the causes of action. The other causes of action were found to be without merit. The learned judge put it as follows;
“Save for the finding that the Respondent breached the Claimant’s legitimate expectation on the renewal of the contract, the other causes of action are found without merit.”
Further, Justice C.A Otieno in Sinoven International Group Limited & Keyun International Logistics Co. Limited v Yalfa Cargo Handling Limited was of the opinion that joinder of causes of action is not fatal to a claim but desirable in expediting proceedings.
CONCLUSION
It is worth noting that, a cause of action includes not every other evidence fundamental in proving such facts, but every necessary fact which must be proved. Last but not the least, a cause of action not only forms the basis of the plaintiff’s complaint but also is fundamental in determining several other significant factors including but not limited to forum, parties to a suit, and the level to which burden of prove must be executed.
However, you need not to worry as our team at F. M Muteti & Company advocates comprises of some of the most seasoned Litigation Lawyers in Kenya ready to take up your legal the challenge.
