Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Therefore, as per the address the provision of section 15(1) of the Small Claims Act applies. 3.…
…Notably, while the appellant’s preliminary objection and appeal is majorly based on the provisions of section 15 of the Civil Procedure Act Cap 21, the trial court relied upon the provision of section 15 of the Small Claims…
Division and case type: High Court DivCivil Appeal
…Section 15 of the Small Claims Court Act states as follows; 15.…
…Section 15(1)(d) provides for cases where the cause of action arose within the local limits of the court. Suffices to say that Section 15(1) (a) to (d) are focused on the claimant and the subject matter.…
Division and case type: High Court DivCivil Appeal
…15 of the Civil Procedure Act.…
…The 2nd Respondent supported the trial court’s finding, arguing that territorial jurisdiction is strictly governed by Section 15 CPA . 11.…
Division and case type: High Court CivilConstitution and Human Rights Petition (Civil)
…Whether the Statutory Timelines under Section 15 were Breached 30.…
…Applying those principles, section 15(5) cannot be read in isolation from section 15(6). Section 15(5) obligates the Committee to inquire into the complaint within fourteen days of receipt of the complaint.…
Division and case type: High Court FamilyFamily Miscellaneous
…By Notice of Motion dated 20th March 2024 and presented under Sections 15, 17 & 18 of the Civil procedure Act and Order 50 rule 1 of the Civil Procedure Rules, the applicant herein seeks the following orders- Spent Spent…
…The Applicant avers that he is resident in Naivasha and that pursuant to Section 15 of the Civil Procedure Act, the matter ought to have been filed in Naivasha.…
Division and case type: High Court Judicial ReviewJudicial Review
…They submit that the 1st Respondent's notice of 27th May 2025 runs afoul of section 15(1) of the Veterinary Surgeons and Veterinary Para-Professionals Act. 43.…
…15 of the VSVP Act ,2011. 61.…
Division and case type: High Court Commercial and TaxCommercial Matters
…Before me is a Notice of Motion application dated 12th March 2024 filed by the defendants pursuant to the provisions of Sections 1A, 3A & 15 of the Civil Procedure Act, Order 51 Rule 1 of the Civil Procedure Rules, 2010,…
…Section 15 of the Civil Procedure Act provides that a suit ought to be instituted where the defendant resides or where the cause of action arises.…
Division and case type: High Court DivCriminal Revision
…On 25 th June 2024, the Refugee Consortium of Kenya intervened, arguing that the Department of Refugee Services had the mandate over refugees and asylum seekers under the Refugee Act, 2021, emphasizing that Section 15 requires…
…RCK immediately objected to sentencing, invoking Section 15 of the Refugee Act, the principles of non-refoulement, and the necessity of conducting an onward mover assessment.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…Whether the Tribunal erred in law in upholding the disallowance of fraud related losses under section 15 of the Income Tax Act. vi.…
…The test under section 15(1) is whether the expenditure was incurred wholly and exclusively in the production of income.…
Division and case type: High Court DivCivil Appeal
…This therefore means that the Magistrate’s Court Act is deemed to have amended section 15 of the Civil Procedure Act.…
…Such a court is not the subject of the local jurisdiction contemplated by section 15 of the Civil Procedure Act.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…It is also common ground that under section 15(7)(a) of the ITA gains or profits of a person derived from any one of the seven sources of income enumerated therein, referred to as “specified sources” under section 15(7)(e…
…Further that as per section 15(7)(c) the specified sources are construed to be mutually exclusive. 26.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…Whether the Tribunal erred in law in upholding the disallowance of fraud related losses under section 15 of the Income Tax Act. vi.…
…The test under section 15(1) is whether the expenditure was incurred wholly and exclusively in the production of income.…
Division and case type: High Court CivilSmall Claims Appeal Case
…Further, because the respondent had paid over 2/3 of the value of the rickshaw, the appellant could not purport to sell it to a third party without first seeking the leave of the court, as required by Section 15(1) of the…
…Counsel submitted that since it was a Hire Purchase Agreement, Section 15 of the Hire Purchase Act governed the contract, and the appellant was thus under an obligation to file a suit before repossessing the tuk-tuk.…
Division and case type: High Court DivCommercial Appeal
…That the learned magistrate erred in law by misapplying the provisions of Section 15 of the Civil Procedure Act and placing reliance on extraneous previous court decisions.…
…Learned counsel referred the court to the provisions of Section 15 of the Civil Procedure Act.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…It is also common ground that under section 15(7)(a) of the ITA gains or profits of a person derived from any one of the seven sources of income enumerated therein, referred to as “specified sources” under section 15(7)(e…
…Further that as per section 15(7)(c) the specified sources are construed to be mutually exclusive. 26.…
Division and case type: High Court FamilyFamily Appeal
…On the 1st issue the respondent reiterates that jurisdiction is everything and states the jurisdiction is conferred on Magistrate’s Court by Section 15 of the Civil Procedure Act.…
…On the 1st issue, the beacons delineating the territorial jurisdiction of the Magistrate’s Court are set out under Section 15 of the Civil Procedure Act.…
Division and case type: High Court Commercial and TaxCommercial Matters
…For determination is the Originating Summons (OS) dated 12th August 2024, brought under Section 15(2) of the Arbitration Act, 1995 and Rules 3(1) and (2) of the Arbitration Rules, 1997.…
…By the OS, the plaintiff seeks an order that the mandate of the sole arbitrator, Noah Wambua Kilonzo (the arbitrator), be and is hereby terminated pursuant to section 15(2) of the Arbitration Act.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…15 of the Civil Procedure Act.…
…Section 15 of the Civil Procedure Act provides that suits ought to be instituted either where the defendant resides or where the cause of action arose.…
Division and case type: High Court DivCommercial Miscellaneous
…Citing section 15(c) of the Civil Procedure Act, the Plaintiff maintains that the Thika Chief Magistrate’s Court is possessed of requisite jurisdiction over the case, the cause of action having arisen in Thika. 20.…
…The place of institution of a suit is guided by among others, section 15 of the Civil Procedure Act which provides as follows; - “15.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…It was the respondent’s case that the provisions of section 15(2)(a) of the Income Tax Act were well interpreted leading up to the conclusion that bad and doubtful debts were not collectable by the respondent.…
…It was averred that with respect to section 15(2)(a) of the Income Tax Act doubtful debts were only deductible after the Commissioner was satisfied that they had become bad.…