Case law
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Division and case type: High Court CivilCivil Appeal
…From the Memorandum of Appeal dated 29th July 2025, the Appellant contends that: 1) The learned trial magistrate erred in law and fact by dismissing the suit for lack of locus standi 2) The learned trial magistrate erred…
…Arising from the record and grounds of appeal and submissions, the following issues fall for determination: 1) Whether the trial court erred in dismissing the suit for lack of locus standi. 2) Whether the trial court erred…
Division and case type: High Court CivilCivil Appeal
…THAT the Learned Trial Magistrate erred in fact and in law in failing to consider the Appellant's submissions on both the lack of locus of the Legal Representative and quantum by completely disregarding the submissions and…
…Having considered the appeal, the rival, I frame the following issues for determination: - a. whether the trial magistrate erred in failing to strike out the matter for lack of locus standi. b.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The respondent’s preliminary objection challenges the court’s jurisdiction to entertain the present application based on her lack of locus standi to defend it following the automatic termination of her guardianship of the…
…However, in my view, despite her lack of locus standi does not deprive the court of the jurisdiction to deal with the fundamental issues raised in the application especially in relation to the deceased defendant and preservation…
Division and case type: High Court Commercial and TaxCommercial Petition
…The preliminary objection dated 20th November 2024 is primarily based on the petitioner’s lack of locus standi to file the petition dated 11th November 2023.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Accordingly, I find that the Respondents have demonstrated sufficient interest and cannot be shut out at this stage on grounds of lack of locus standi. 17.…
Division and case type: High Court Commercial and TaxCommercial Insolvency Petition
…Given that the directors of the Applicant company had no authority to bring the application dated 14th February 2025 I find the application is inherently defective due to their lack of locus standi.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The trial court, in that earlier suit, merely ruled that the suit was bad for lack of locus standi. 11. There is merit in the instant appeal. I hereby allow it. With costs. 12. This is a Small Claims Court matter.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The trial court, in that earlier suit, merely ruled that the suit was bad for lack of locus standi. 11. There is merit in the instant appeal. I hereby allow it. With costs. 12. This is a Small Claims Court matter.…
Division and case type: High Court Commercial and TaxCommercial Appeal
…The Respondent’s preliminary objection was predicted on the assertion that the Appellant’s suit was a nullity due to an alleged lack of locus standi and the omission of the word "The" in reference to "Watchdog" in the Plaint…
Division and case type: High Court CivilCivil Suit
…He submitted that lack of locus standi is not a procedural lapse but jurisdictional issue incapable of cure and that this court ought to lay down its tools. 18. Mr.…
…The Respondent has also raised the issue of lack of locus standi on the part of the Applicant. This issue was raised at the submissions stage and is not captured in the Replying Affidavit of the Respondent.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Whether this court lacks jurisdiction to entertain this suit owing to a lack of locus standi and the doctrine of exhaustion 10.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The case proceeded to hearing, but on 21/7/2023, the court dismissed the suit for lack of locus standi. Following this, the defendant filed a bill of costs amounting to Kshs. 28,104,809.00. 8.…
…In this case, the judgment delivered by the court on 21/7/2023 dismissed the plaintiff’s suit for lack of locus standi. The court did not award any amount to the defendant.…
Division and case type: High Court CivilCivil Suit
…If this issue of lack of locus standi by the Applicant had been brought in the normal application, the Applicant would have filed an Affidavit in reply to which he would have attached evidence of whatever nature to show that…
Division and case type: High Court Commercial and TaxCommercial Insolvency Petition
…The Notice of Motion dated 5th May 2025 is hereby dismissed for lack of locus standi and for having been overtaken by events. iii.…
Division and case type: High Court Commercial and TaxCommercial Matters
…It further argued that the suit is premature and defective for lack of locus standi, as any such challenge ought to have been brought as a derivative action. 5.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Court clarified that: “Lack of locus standi and a cause of action are two different things.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Regarding their firm’s lack of locus standi due to a contravention of Order 9 Rule 9 of the Civil Procedure Rules, counsel noted that they have included a request for leave within the application. 18.…
Division and case type: High Court DivCommercial Appeal
…That the Learned Adjudicator in law and in failing to adhere to the holding in Kenya Power& Lighting Company Limited Vs Benzene Holdings Limited t/a Wyco Paints (2016) eKLR regarding lack of locus standi of the Respondent…
Division and case type: High Court DivCommercial Matters
…It is the applicant’s case that the clerical error prompted the respondents to file the preliminary objection dated 26 th March 2026, arguing that the suit is incompetent due to the lack of locus standi of the current named…
…On Article 159 (2) (d) of the constitution counsel submitted that the lack of locus standi is a jurisdictional issue and not a technicality.…
Division and case type: High Court DivCivil Suit
…Accordingly, the issues for determination in respect of the 1st and 2nd applications are: [a] Whether the plaintiff’s suit should be struck out for want of jurisdiction on account of lack of locus standi and limitation.…
…submitted that no proof had been availed to support those averments other than a copy of the Certificate of Incorporation, the explanation by the defendant is sufficient in my view to ward off the 1st defendant’s contention of…