Case law
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Division and case type: CivilCivil Appeal
…An issue such as res judicata cannot be avoided because it goes to jurisdiction.…
…It is sufficient for us to find that probably the High Court in Civil Suit 2179 had jurisdiction to deal with the further developments that had taken place, and it is clear that Gachuhi, J was impressed by the fact that registration…
Division and case type: CivilCivil Appeal
…In addition the respondent had pleaded that the appellant was convicted by a court of competent jurisdiction of the offence of causing death by dangerous driving contrary to section 46 of the Traffic Act Cap 403, Laws of…
Division and case type: CivilCivil Appeal
…The judge was not deciding on an application to set aside the judgment and so he had no jurisdiction to set aside that judgment. The plaintiff’s suit could not be dismissed as liability had been admitted.…
…That provision is the jurisdiction for us here doing what the High Court has not done. First, some words as to the issue of negligence.…
Division and case type: CivilCivil Appeal
…set aside the ex parte judgment in favour of the respondent and I would order that the case be remitted to the Senior Resident Magistrate at Murang’a to be dealt with in accordance of the provisions of the Magistrate’s Jurisdiction…
…follows that the decision of the High Court should be reversed, the judgment of the Murang’a resident magistrate must be set aside and the suit sent back to him to deal with in accordance with section 9 of the Magistrates’ Jurisdiction…
Division and case type: CivilCivil Appeal
…The idea of providing the parties with the best construction or interpretation of documents, is akin to the principle that where a matter of law is involved, especially one of jurisdiction; it should generally be dealt with…
…That is merely a matter of construing the contracts, and therefore this case is distinguishable from Privy Council decisions referred to us, affecting other jurisdictions.…
Division and case type: CivilCivil Appeal
…A passage from Buckley LJ’s judgment was in fact referred to by the judge in this case and it is as follows: ‘It has been recognised that the jurisdiction of the court to stay an action in limine as an abuse of process is…
…a jurisdiction to be exercised with great circumspection, and exactly the same consideration must apply to a‘quia timet injunction to restrain commencement of proceedings.…
Division and case type: CivilCivil Appeal
…There was no appeal pending here but it may be that there could be other circumstances calling for the court to exercise that jurisdiction.…
Division and case type: CivilCivil Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Appeal
…The only document which mentioned any limitation was debit note No.1863 which indicated: “limitation as to use”: cv1 Clause: Jurisdiction 3rd party only new and young drivers Kshs.3,000/= excess on all claims Kshs.5,000/=…
Division and case type: CivilCivil Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Appeal
…He contended that the order made by Lakha, J.A. was erroneously recorded and under a misapprehension of the true position and in excess of jurisdiction.…
Division and case type: CivilCivil Appeal
…unqualified person shall act as an advocate, or as such cause any summons or other process to issue, or institute, carry on or defend any suit or other proceedings in the name of any other person in any court of civil or criminal jurisdiction…
Division and case type: CivilCivil Appeal
…In some Commonwealth jurisdictions, such right is vested in the chief Justice or some other statutorily designated body or entity.…
…Even courts whose jurisdiction is inferior to this Court and who are ordinarily bound under our doctrine of stare decisis, have consistently defied rather than followed it.…
Division and case type: CivilCivil Appeal
…Section 115 vests all Trust land in the county council within whose area of Jurisdiction the land is situated. Section 117 authorises county councils to set apart Trust land required for use and occupation.…
…at any time after thirty days from the service of the land notice bring proceedings for the recovery of the land in the Resident Magistrate's Court, if the value of the land falls within the limits of that court’s civil jurisdiction…
Division and case type: CivilCivil Appeal
…This particular suit was subsequently dismissed on 14th June, 1994 for want of jurisdiction.…
Division and case type: CivilCivil Appeal
…The jurisdiction ought only to be exercised in proper cases. ..…
Division and case type: CivilCivil Appeal
…(e) Costs and interest (f) The Honourable Court be pleased to make any orders deemed fitting within its inherent jurisdiction.…
Division and case type: CivilCivil Appeal
…explained in Amin Rasheed Shipping v Kuwait Insurance Co [1983] 1 All ER 873, Lord Wright’s observations were: “It is clear that the Court of Appeal should not interfere with the discretion of a judge acting within his jurisdiction…
Division and case type: CivilCivil Appeal
…Prohibition is a relief that is only available where an inferior court or tribunal or a public authority like the Council, is proposing to adjudicate upon or determine a matter which is not within its jurisdiction.…
…individual personal capacities, not being an inferior court or tribunal or a public authority, neither the Council nor the other defendants are proposing to adjudicate upon or determine a matter which is not within their jurisdiction…