Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court CivilCivil Suit
…The Plaintiff had no locus standi to file the suit. 11.…
…Simply put, a party without locus standi in civil suit lacks the light to institute/and/or maintain that suit even where a valid cause of action subsists. Locus standi relates mainly to the legal capacity of a party.…
Division and case type: Environment and Land CourtCivil Suit
…reply on the Court of Appeal decision on the meaning and scope of locus standi in the case of Rugiri -vs- Kinuthia & 3 others (2024) KECA 1601 (KLR) where it stated that “Locus Standi is cardinal in civil proceedings because…
…be one of the first things to establish in a litigation”. c) That the 1st, 3rd, 4th, 5th and 8th Defendants rely on the Black’s Law Dictionar5y, 9th Edition definition of locus standi as “the right to bring an action or…
Division and case type: Environment and Land CourtCivil Suit
…I shall consider those two issues: PLAINTIFFS’ LACK OF LOCUS STANDI: The term locus standi is defined in BLACK’S LAW DICTIONARY 10TH EDITION as follows: “Place of standing.…
…In the case of ALFRED NJAU & OTHERS -V- CITY COUNCIL OF NAIROBI 1982 – 88 I KAR 229, the Court held that; “The term locus standi means a right to appear in Court and conversely to say that a person has no locus standi, means…
Division and case type: Environment and Land CourtCivil Suit
…standi.…
…Locus standi is so cardinal in civil proceedings. This is because without locus standi, a party lacks the right to institute and/or maintain the suit even where a valid cause of action subsists.…
Division and case type: Environment and Land CourtCivil Suit
…In the case of Alfred Njau & Others vs City Council of Nairobi (1982) KAR 229, the court held as follows; “The term locus standi means a right to appear in court and conversely to say that a person has no locus standi means…
…Locus standi is so important that in its absence, party has no basis to claim anything before the Court.…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff contended in his submissions that the Defendant lacks locus standi in respect of the counterclaim. From the onset, I must restate that locus standi is an issue of jurisdiction.…
…City Council of Nairobi [1982] KAR 229 held that: “The term Locus Standi means a right to appear in Court and conversely to say that a person has no Locus Standi means that he has no right to appear or be heard in such and…
Division and case type: Environment and Land CourtCivil Suit
…In other words that that the Plaintiff/Respondent has no locus standi to institute this suit.…
…In the case of Alfred Njau & Others vs City Council of Nairobi (1982) KAR 229, the court held as follows; “The term locus standi means a right to appear in court and conversely to say that a person has no locus standi means…
Division and case type: Environment and Land CourtCivil Suit
…City Council of Nairobi (1982) KAR 229, the Court further held that- “the term Locus Standi means a right to appear in Court and conversely to say that a person has no Locus Standi means that he has no right to appear or…
…This is because without locus standi, a party lacks the right to institute and/or maintain the suit even where a valid cause of action subsists. It can be equated to a court acting without jurisdiction.” 21.…
Division and case type: Environment and Land CourtCivil Suit
…For a party to have locus standi in a matter he/she ought to show that his/her own interest particularly has been prejudiced or is about to be prejudiced.…
…Indeed even when a party has a meritious case he cannot be heard by the court if he/she has no locus standi. 20.…
Division and case type: High Court CivilCivil Suit
…The importance of locus standi was discussed in the case of Law Society of Kenya v Commissioner of Lands & Others, Nakuru High Court Civil Case No.464 of 2000, as follows: - “Locus Standi signifies a right to be heard, A…
…City Council of Nairobi [1982] KAR 229, the Court held that: - “the term Locus Standi means a right to appear in Court and conversely to say that a person has no Locus Standi means that he has no right to appear or be heard…
Division and case type: Environment and Land CourtCivil Suit
…Capacity to sue is also referred to as locus standi. Locus standi is defined in Black’s Law Dictionary, 9th Edition (page 1026) as “the right to bring an action or to be heard in a given forum.”…
…Consequently, he lacks locus standi to mount and prosecute the counterclaim herein.…
Division and case type: Environment and Land CourtCivil Suit
…This, therefore, renders the plaintiff-respondent without locus standi to bring the present suit on behalf of the Estate of Balozí Chai Ngála (deceased). 16.…
…In Ibrahim v Hassan & Charles Kimenyi Macharia [2009] eKLR, it was held as follows concerning locus standi: “Locus standi is basically the right to appear or be heard in court or other proceedings.…
Division and case type: Environment and Land CourtCivil Suit
…The Defendants contend that the Plaintiff has no locus standi to pursue this suit on behalf of the Estate of John Nzonga Kamwathi as the limited letters of administration ad litem issued to her in Makueni SPMSC No. 144 of…
…The Plaintiff submitted that she has locus standi to bring this suit as she had applied for a limited grant of letters of administration ad litem which was granted.…
Division and case type: Environment and Land CourtCivil Suit
…Whether the Plaintiffs have locus standi to institute and maintain this suit and Notice of Motion dated 17th November 2014; The is Defendant objected to the Plaintiffs’ case on the basis that they lack Locus standi to institute…
…If a party is found to have no locus standi, then it means he/she cannot be heard even on whether or not he has a case worth listening to.…
Division and case type: High Court CivilCivil Suit
…They also averred that the suit is fatally defective and incurably bad in law because the Plaintiff lacks the locus standi to institute the suit.…
…I am however still minded to consider the issue of whether the Plaintiff has the locus standi to institute the suit in the first place. Locus standi refers to a party’s right to be heard.…
Division and case type: Environment and Land CourtCivil Suit
…The 1st defendant moved the court through the notice of motion dated 9th April 2024, seeking for striking out of the amended plaint dated and filed on 28th June 2019 for want of locus standi and viable cause of action by…
…the issue of their locus standi in his statement of defence and has been attending court since 2018, and the application lacks in merit and should be dismissed with costs. 3.…
Division and case type: Environment and Land CourtCivil Suit
…Counsel submitted that the plaintiffs have no locus standi herein as they did not present a grant of letters of administration in respect of the estate of Deceased-1.…
…or other proceedings and to say that a person has no locus standi means that he has no right to appear or be heard in such and such a proceeding.” 26. …
Division and case type: Environment and Land CourtCivil Suit
…The Applicant did plead that the issue of locus standi is one which goes to the issue of jurisdiction of the Court to entertain and determine the dispute before it. viii. …
…The first issue and main issue in the present Application is whether or not the Respondents herein have the capacity and locus standi to institute and sustain the pending suit before this Court. 14. …
Division and case type: Environment and Land CourtCivil Suit
…Counsel submitted that the plaintiffs have no locus standi in this case and there was no fraud proved on the part of Deceased-4 who bought the suit land but died before it’s transfer to him and DW1 iobtained title of the…
…On the issue of Locus standi, I subscribe to the decision in the case of Alfred Njau and others-vs-City Council of Nairobi (1982-88) 1 KAR 229 where the Court of Appeal reasoned; ‘……locus standi is the right to appear or…
Division and case type: Environment and Land CourtCivil Suit
…Counsel submitted that the plaintiffs have no locus standi in this case and there was no fraud proved on the part of Deceased-4 who bought the suit land but died before it’s transfer to him and DW1 iobtained title of the…
…On the issue of Locus standi, I subscribe to the decision in the case of Alfred Njau and others-vs-City Council of Nairobi (1982-88) 1 KAR 229 where the Court of Appeal reasoned; ‘……locus standi is the right to appear or…