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: CivilCivil Case
…Her cause of action against the second defendant which is pleaded in paragraph 8 of the plaint is even more difficult to understand.…
…In the circumstances I do not see how she can have any cause of action against M A but as the case has yet to come to trial; I do not have to deal with the point.…
Division and case type: CivilCivil Appeal
…action.…
…of action, and; (c) that the suit and the application are res judicata.…
Division and case type: CivilCivil Appeal
…In that case the learned judge held: “Dismissal under r 4 is absolute in that r 7(1) prohibits a fresh action being brought in respect of the same cause of action.…