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…Section 15 of the Small Claims Court Act states as follows; 15.…

…Section 15(1)(d) provides for cases where the cause of action arose within the local limits of the court. Suffices to say that Section 15(1) (a) to (d) are focused on the claimant and the subject matter.…

…15 of the Civil Procedure Act.…

…The 2nd Respondent supported the trial court’s finding, arguing that territorial jurisdiction is strictly governed by Section 15 CPA . 11.…

…This therefore means that the Magistrate’s Court Act is deemed to have amended section 15 of the Civil Procedure Act.…

…Such a court is not the subject of the local jurisdiction contemplated by section 15 of the Civil Procedure Act.…

…Counsel for the Appellant placed reliance on Section 15 of the Civil Procedure Act provides guidance on place of suing.…

…The provisions of section 15 are mandatory and the 1st Respondent must be guided thereof.…

…The issue being disputed relates to the territorial jurisdiction of the Magistrate court as expressly provided for at section 15 of the Civil Procedure Act, Cap 21 of the Laws of Kenya.…

…Section 15 provides that: Subject to the limitations aforesaid, every suit shall be instituted in a court within the local limits of whose jurisdiction – (c) the cause of action, wholly or in part, arises Further on, explanation…

…Karoki, Bungoma High Court Miscellaneous Application No. 13 of 2003 , where the Court observed that the provisions of Section 15 of the Civil Procedure Act regulate the place where a suit should be instituted but does not…

…I therefore find and hold that the learned trial magistrate conflated territorial venue under Section 15 of the Civil Procedure Act with jurisdiction in the sense contemplated in Lillian S.…

…Further, the Appellant submitted that they filed the suit under Section 14 of the Civil Procedure Act and that the trial Magistrate had misapplied and misinterpreted Section 15 of the Civil Procedure Act. 9.…

…The Appellant has also submitted on Section 15 of the Civil Procedure Act, which provides that “subject to the limitations aforesaid, every suit shall be instituted in a court within the local limits of whose jurisdiction…

…On the basis of section 15(1)(a) of the Small Claims Court Act, it found that, because the respondent (the claimant in the Court below) resides in Nyali, Mombasa, the court had jurisdiction to hear the matter. 8.…

…In section 15(1), the Small Claims Court Act goes on to list circumstances under which the court acquires territorial jurisdiction. It is necessary to set out the said subsection verbatim.…

…In the objection, the respondent sought to have the appellant’s suit struck out on the grounds that the Honorable Court lacked jurisdiction to hear and determine the matter, pursuant to Section 15 of the Civil Procedure Act…

…Citing Section 15 of the Civil Procedure Act, they argued that suits must be filed either where the defendant resides or where the cause of action arises.…

…15 contains Special provisions on contracts of insurers against liabilities to third parties.…

…Learned counsel would do well to read Sections 15(1) (a) and (b) which define an insolvency event and sub sections (2) an (4) which state:- “ 15.…

…They submitted that section 15 of the Civil Procedure Act provides for suits to be filed where the defendant resides.…

…They also relied on explanation 3 of section 15 of the Civil Procedure Act.…

…Naturally, the income of the company being taxable, it would be entitled to deduct as part of the expenditure wholly and exclusively incurred by it, under section 15(1) of the Income Tax Act, cap 470, the interest charged…

…15(1).…

…To support this challenge to jurisdiction, the Appellant cited Section 15 of the Civil Procedure Act which mandates that: "Subject to the limitations aforesaid, every suit shall be instituted in a court within the local limits…

…The Appellant also cited Section 15 of the Small Claims Court Act which limits the right to lodge a claim to instances where: (a) such a person ordinarily resides or carries on business within the local limits of the jurisdiction…

…appellant had no proprietary interest capable of being transferred subsequent to a public auction as the objector retained an absolute right over the suit vehicle by virtue of its being registered as a Notice pursuant to section…

…15 of the Movable Property Security Rights Act, No. 13 of 2017, the said registration qualifying as a security against third parties within the provisions of the aforesaid law. 5.…

…The main point of contention was that the suit offended section 15 of the Civil Procedure Act, Cap 21, Laws of Kenya, for there was lack of the territorial jurisdiction to hear and determine the matter, for the cause of action…

…Instead, they filed a notice of preliminary objection, dated 7th September 2022, arguing that the suit contravened section 15 of the Civil Procedure Act, Cap 21, Laws of Kenya, for the court lacked geographical or territorial…

…Section 15 of the Civil Procedure Act limits the court’s territorial jurisdiction in regard to where civil suits can be filed by plaintiffs against defendants.…

…As such the law governing the original dispute was the Landlord and Tenant (shops, Hotels and Catering Establishments) Act Cap 301 Laws of Kenya Section 15 of the said Act provides as follows;- “Appeal to court 1) Any party…

…awarded to the employee but for the provision of this Act. (4) For the purpose of this Section compensation includes the cost of medical aid already incurred and any amount paid or payable in accordance with the provisions of Section…

…15 and in the case of an allowance, the capitalized value of the allowance, irrespective of whether a lump sum is at any time paid ‘in Lieu’ of whole or portion of such allowance.” 13.…