Case law
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Division and case type: Milimani Commercial CourtsUnclassified
…The grounds in support of the application are that the Nairobi Chief Magistrate’s court lacked jurisdiction to hear the matter because the cause of action arose in Mombasa and further that the defendant resides and conducts…
…From the pleadings, it was clear that the cause of action arose in Mombasa where the defendant resides and conducts his business.…
Division and case type: Employment and Labour RelationsCase number Cause
…The defendant further avers that the plaintiff’s suit is bad in that the same does not disclose any or any reasonable cause of action against it and is unreasonable and unmaintainable and should be struck out from record.…
…In the case of Kashibai v Sempagama [1967] EA 16 the defence contained a plea “The plaint is bad in law and does not disclose any cause of action ...”…
Division and case type: Milimani Commercial CourtsCivil Case
…The cause of action he contended arose of 22nd April, 1997, and the suit was filed after six years. The court was urged to find the plaintiff’s claim time barred.…
…Counsel referred to the Limitation of Actions Act to support the contention that a suit for recovery of money should be filed within 6 years from the date of the cause of action.…
Division and case type: Milimani Commercial CourtsCivil Case
…The grounds of opposition included a contention that the Plaintiff’s suit against the 3rd Defendant had no chance of succeeding in the absence of privity of contract and any reasonable cause of action.…
…Amin for the 1st Defendant contended that the entire Chamber Summons application brought by the Plaintiff was an abuse of the process of the Court as the same lacked merit and failed to disclose any reasonable cause of action…
Division and case type: Milimani Commercial CourtsCivil Case
…He confirmed that had the defendant continued to pay its contribution at the rate of 35.7% until the full repayment of the loan, there would have been no cause of action against it.…
Division and case type: Milimani Commercial CourtsCivil Case
…Firstly, he submitted that the plaint discloses no cause of action saying that the plaintiff got possession from 21/5/2004.…