Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Reported by Kakai Toili Jurisdiction – jurisdiction of the High Court - admiralty jurisdiction of the High Court – what were the circumstances in which the admiralty jurisdiction of the High Court could be invoked - Judicature…
…The High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction. Per Kwach, JA 16.…
Division and case type: CivilCivil Appeal
…It becomes clear that this was outside the monetary jurisdiction of the trial court.…
…None of the counsels appearing here and the court below pointed out the question of jurisdiction to the learned trial magistrate.…
Division and case type: High Court CivilCivil Appeal
…The question is whether the court has subject matter jurisdiction, jurisdiction ratione materriae 13. The issue of jurisdiction cannot be conferred by parties or imagined.…
…The Court either has jurisdiction or it does not. Jurisdiction is dealt with in a manner of a Preliminary Objection. In case of appeal, the grounds of appeal and the prayers sought form the basis for jurisdiction.…
Division and case type: High Court CivilCivil Appeal
…That a court may raise and determine the question of jurisdiction suo motu where it becomes apparent that it may lack jurisdiction and failure by a party to formally plead jurisdictional objection does not confer jurisdiction…
…Jurisdiction is everything and the court must always ensure that it has the jurisdiction before embarking on hearing of the suits.…
Division and case type: High Court CivilCivil Appeal
…If no restriction or limit is imposed the jurisdiction is said to be unlimited.…
…Where a court takes it upon itself to exercise jurisdiction which it does not possess, its decision amounts to nothing. Jurisdiction must be acquired before judgment is given.”…
Division and case type: High Court CivilCivil Appeal
…Kenya Commercial Bank Limited & 2 Others (2012) eKLR where it was held that the court cannot entertain any proceedings without jurisdiction and cannot expand its jurisdiction through judicial craft or innovation since jurisdiction…
…fell within the jurisdiction of the Environment and Land Court and not this Court.…
Division and case type: High Court CivilCivil Appeal
…The question of jurisdiction is obviously one of law, in respect of which this court has jurisdiction. 16.…
…It is trite law that jurisdiction flows from either a Statute or the Constitution, and no court assumes jurisdiction on its own.…
Division and case type: High Court CivilCivil Appeal
…The question of jurisdiction is obviously one of law, in respect of which this court has jurisdiction. 16.…
…It is trite law that jurisdiction flows from either a Statute or the Constitution, and no court assumes jurisdiction on its own.…
Division and case type: High Court CivilCivil Appeal
…The question of jurisdiction is obviously one of law, in respect of which this court has jurisdiction. 16.…
…It is trite law that jurisdiction flows from either a Statute or the Constitution, and no court assumes jurisdiction on its own.…
Division and case type: High Court CivilCivil Appeal
…The question of jurisdiction is obviously one of law, in respect of which this court has jurisdiction. 16.…
…It is trite law that jurisdiction flows from either a Statute or the Constitution, and no court assumes jurisdiction on its own.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Jurisdiction is defined in Halsbury’s Laws of England (4th Ed.)…
…That, jurisdiction is so central in judicial proceedings, is a well settled principle in law. A Court acting without jurisdiction is acting in vain. 65.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…the jurisdiction of the Environment and Land Court.…
…land, subject to their pecuniary jurisdiction.…
Division and case type: High Court CivilCivil Appeal
…Analysis It is my understanding that jurisdiction is everything. The court is bound to take jurisdiction where it has and down its tools where it does not have jurisdiction.…
…The court will therefore assume jurisdiction where it has and eschew jurisdiction where none exists.…
Division and case type: High Court DivCivil Appeal
…Accordingly, a court acting without jurisdiction acts in vain’ 8.…
…The High Court is vested with appellate jurisdiction from subordinate courts.…
Division and case type: High Court DivCivil Appeal
…Jurisdiction is everything. Without it, a court has no power to make one more step. Where a court has no jurisdiction, there would be no basis for a continuation of proceedings pending other evidence.…
…If no restriction or limit is imposed the jurisdiction is said to be unlimited.…
Division and case type: High Court DivCivil Appeal
…This is because in any litigation, jurisdiction is central. A court of law cannot validly take any step without jurisdiction.…
…Section 13 of the Act is the exclusion clause on jurisdiction and specifies disputes which falls outside the jurisdiction of the Small Claims Court. 22.…
Division and case type: High Court CivilCivil Appeal
…The Magistrate’s Court exercises aspects of jurisdiction over matters that do not fall within the jurisdiction of the High Court, and in respect of which the High Court cannot exercise appellate jurisdiction.…
…The Magistrate’s Court has jurisdiction over land matters.…
Division and case type: High Court DivCivil Appeal
…That the jurisdiction granted to the ELRC by Section 52(2) of WIBA is only an appellate jurisdiction on claims arising from the DOSH and this jurisdiction can only be exercised by the ELRC and not the High Court.…
…It is their submission that a suit filed without jurisdiction is a nullity and where a court holds that it lacks jurisdiction, it must down its tools as without jurisdiction a court has no powers to make one more step.…
Division and case type: High Court DivCivil Appeal
…That the jurisdiction granted to the ELRC by Section 52(2) of WIBA is only an appellate jurisdiction on claims arising from the DOSH and this jurisdiction can only be exercised by the ELRC and not the High Court.…
…It is their submission that a suit filed without jurisdiction is a nullity and where a court holds that it lacks jurisdiction, it must down its tools as without jurisdiction a court has no powers to make one more step.…
Division and case type: High Court CivilCivil Appeal
…His argument was that if the Court did not have the jurisdiction to hear and determine the matter, it equally does not have the jurisdiction to transfer the case as prayed.…
…submissions on the issue of whether or not the court had the jurisdiction to transfer the case.…