Case law
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Division and case type: CivilCivil Appeal
…There has been an irregularity in the pleadings but this Court will not usually interfere with a judgment if it is satised that there has been no failure of justice or lack of jurisdiction.…
Division and case type: CivilCivil Appeal
…This court on 8th June, 1990 allowed the appeal against the decision of Rauf J., recalled the plaint and exercising its powers under section 3(2) of Appellate Jurisdiction Act (Cap 9) ordered amendment thereof.…
Division and case type: CivilCivil Appeal
…THAT the said parcel of land is situated in E Wanga location within the jurisdiction of this Honourable Court. 9. THAT I pray this honourable Court for orders as stated in paragraphs 5 and 6. 10.…
Division and case type: CivilCivil Appeal
…In the Clenae case [1999] VSCA 35 Callaway JA observed (para 89 (e)): “As a general rule, it is the duty of a judicial officer to hear and determine the cases allocated to him or her by his or her head of jurisdiction.…
Division and case type: CivilCivil Appeal
…This Court obviously has jurisdiction to discharge its own order of injunction or stay.…
Division and case type: CivilCivil Appeal
…Whilst an appellate court has jurisdiction to review the evidence to determine whether the conclusions of the trial judge should stand, this jurisdiction is exercised with caution; if there is no evidence to support a particular…
Division and case type: CivilCivil Appeal
…The Lurambi African Court which heard the dispute between the 1st and 2nd respondents had jurisdiction to hear and determine land dispute. The issue before the court at the time was the ownership of the land.…
Division and case type: CivilCivil Appeal
…The situation in this appeal must not be confused with decisions of this court concerning its original jurisdiction under rule 5(2) (b) of the Court of Appeal Rules.…
Division and case type: CivilCivil Appeal
…Examples of this principle are to be found in the case of ex parte injunctions, ex parte orders made for service of proceedings out of the jurisdiction under Order 11 of the Rules of the Supreme Court.…
…In the same treatise it is stated: “As a general rule a party should not be allowed to litigate issues which have already been decided by a court of competent jurisdiction.”…
Division and case type: CivilCivil Appeal
…essentials bear comparison with the facts of the one before the Court, and they otherwise bear a reasonable measure of similarity to it, Kenyan authorities should be used to the exclusion of others, save those from neighbouring jurisdiction…
Division and case type: Anti-CorruptionCivil Appeal
…client, but in my view we must treat each of the cases, not as a matter of form, not as a matter to be decided on the mere proof of a former acting for a client but, as a matter of substance, before we allow the special jurisdiction…
Division and case type: CivilCivil Appeal
…As we pointed out in….. on inequitable conduct ‘recent authorities have supported a much wider jurisdiction to interfere in cases where the assertion of strict legal rights is found by the Court to be unconscionable (Snells…
…On appeals following the up-holding by the judge (Barch C J) of the objection taken by the respondent (defendant) therein that both should have been signed by the plainti because he was a resident within the jurisdiction…
Division and case type: CivilCivil Appeal
…Dr Shabbir Ahmed is of course, himself physically, beyond the reach, or jurisdiction, of this court, but he has submitted to it through his advocates whose address is his address for service.…
Division and case type: CivilCivil Appeal
…MUIRU GIKANGA & ANOTHER, [1965] E.A. 735 at pages 738 and 739 where after setting out the provisions of regulation 4 of the Kenya (Jurisdiction of Courts and Pending Proceedings), Regulations, 1963 which is similar to section…