Case law
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Division and case type: CivilCivil Appeal
…of action arose.…
…of action if the same arises out of the same facts or substantially the same facts as a cause of action in respect of which relief has already been claimed in the action by the party applying for leave to seek the amendment…
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 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.…