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: 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: FamilySuccession Cause
…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.…
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.…