Manji v Bechar (C.A. 27/1938.)
Manji v Bechar (C.A. 27/1938.) [1933] EACA 16 (1 January 1933)
The court held that the defendant's temporary presence in Nairobi at the time of service was sufficient to confer jurisdiction on the Nairobi Court, even though the cause of action arose in Jinja, Uganda, and the defendant's normal residence was outside the jurisdiction. The doctrine of territorial dominion, as articulated in English case law and Dicey's Conflict of Laws, was applied to interpret section 15 of the Civil Procedure Ordinance. The court found that the statutory language regarding residence should be construed to include temporary presence for the purpose of service. Furthermore,…
Source excerpt
- Jurisdiction Of Courts
- Cause Of Action Location
- Service Of Process
- Territorial Dominion
- Temporary Residence
- Forum Non Conveniens