Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…They submitted that although the dispute arose from a tenancy relationship, the suit was properly instituted before a designated Magistrates' Court exercising jurisdiction under the Magistrates' Courts Act and the Environment…
…Section 9(a) of the Magistrates' Courts Act provides that a magistrate's court shall, in the exercise of jurisdiction conferred by Section 26 of the Environment and Land Court Act, hear and determine claims relating to land…
Division and case type: High Court DivCivil Appeal
…He went on to submit that it is the Magistrates Court Act that confers jurisdiction of Magistrates courts and not the Civil Procedure Act.…
…Courts Act, defines Resident Magistrate court to include Senior Resident Magistrate, Principal Magistrate, Senior Principal Magistrate, and Chief Magistrates Court.…
Division and case type: High Court CivilCivil Appeal
…That this Honourable Court be pleased to issue an order of stay of execution of the decree and/or Judgment ensuing from the Judgment of the Chief Magistrate Court in CMCC NO. 713 OF 2017 (Fast Forty Importers and Exporters…
…Ndirangu has sworn that on 7 July 2023, the magistrates’ court rendered its decision in Chief Magistrates Court Civil Case No. 713 OF 2017; Fast Forty Importers and Exporters Company Limited versus Diamond Shipping Services…
Division and case type: High Court CivilCivil Appeal
…The Appellant had filed in the chief Magistrates Court at Nyeri Civil Suit No. 208 of 2019 seeking General and Special damages as against the Respondents. 5.…
…With the above in mind I will proceed to consider the two sets of pleadings filed in the Rent Tribunal as well as in the Magistrates Court . 17.…
Division and case type: High Court CivilCivil Appeal
…Section 5 of the Magistrates’ Court Act No. 26 of 2015 which came into force on 02/01/2016 provides that: - A magistrate’s court shall be subordinate to the High Court and shall be duly constituted when presided over by a…
…(See the definition of a ‘Magistrate’ in Section 2 of the Magistrates’ Court Act)...…
Division and case type: High Court CivilCivil Appeal
…Learned counsel for the respondent submitted that the Magistrates’ Court Act , under section 10, gives the Magistrates Court jurisdiction to hear contempt of court matters.…
…In this existing scenario then, the power of the Magistrates’ Court to punish for contempt is provided under Section 10(3) of the Magistrate’s Courts Act CAP 10 Laws of Kenya which provides as hereunder; (1) Subject to the…
Division and case type: High Court DivCivil Appeal
…the exclusive jurisdiction of the United States of America; By finding that the honourable Chief Magistrate’s Court has jurisdiction over the subject matter in the plaint as the claim pertains to cases initiated within the…
…On their part, the appellants also relied on section 5 of the Magistrates Court Act and the case of Samuel Kamau Macharia & Another v. Kenya.…
Division and case type: High Court DivCivil Appeal
…This is an appeal from the Magistrates’ Court sitting as an Environment and Land Court.…
…on matters from the designated magistrate''s courts shall lie with the Environment and Land Court [emphasis added]. 26.…
Division and case type: High Court CivilCivil Appeal
…According to the affidavit sworn by the appellant in support of the application, the appellant successfully appealed for enhancement of an award made by the magistrates’ court in Mombasa Chief Magistrates’ Court Civil Case…
Division and case type: High Court DivCivil Appeal
…The respondents submitted that the pecuniary value was beyond the magistrate's court jurisdiction.…
…The pecuniary jurisdiction of the Magistrates' Court is outlined in Section 7 of the Magistrates ' Court Act 2015.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…’s Court Case No.…
…This matter shall be remitted to the Chief Magistrate (in charge) Milimani Commercial courts for consolidation of the matter with Nairobi Chief Magistrates Court Suit No.…
Division and case type: High Court CivilCivil Appeal
…(An appeal from a ruling delivered by Hon C W Keter RM in Kisii Chief Magistrate’s Court Civil Case No. E820 of 2023 on 22 nd March 2024) Introduction 1.…
…The ELC Court, the Chief Magistrate Court, The Business Premises Rent Tribunal and now before this court. The Contention has been one issue, the use, occupancy and the title in Kisii Municipality Block III/85 . 22.…
Division and case type: High Court DivCivil Appeal
…The applicant seeks the following orders: SPENT THAT there be a stay of execution of the decree in Bungoma Chief Magistrates Court Civil Suit No. 2019 of 2021 pending the hearing and determination of this application inter-partes…
…THAT there be a stay of execution of the decree in Bungoma Chief Magistrates Court Civil Suit No. 219 of 2021 pending hearing and determination of Bungoma High Court, Civil Appeal No. 84 of 2023.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Other courts, such as the Magistrates Court and the High Court, would still have jurisdiction to deal with it. The trial court ought not have pushed on with determining the matter after 13th March 2023.…
…The most appropriate court would be the Magistrate’s Court, in view of the pecuniary jurisdiction. 5.…
Division and case type: High Court CivilCivil Appeal
…Appeals arising from the magistrates'' court in Kaloleni fall within the jurisdiction of the High Court in Malindi. I direct that this appeal be transferred to the High Court at Malindi. It is so ordered.'…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Whereas the appeal herein impugns the decision of the Childrens' Court in Milimani Magistrates Court Children's Case NoE065 of 2023, This court has no jurisdiction over the subject matter wherefore I hereby transfer this…
Division and case type: High Court CivilCivil Appeal
…Since the appeal arises out of an employment and labour relations dispute in the magistrates'' court, the appropriate court to hear and determine the appeal is the Employment and Labour Relations Court.…
Division and case type: High Court CivilCivil Appeal
…Court vide ELDORET CMCC No. 350 of 2014.…
…However, the same was not issued by the Chief Magistrates Court but was issued by Hon Justice A. Ombwayo who is a Judge of the Environment and Land Court. ii.…
Division and case type: High Court CivilCivil Appeal
…According to Umara, the magistrates court delivered a ruling on 19 September, 2024, apparently on an application for stay pending appeal, according to which he was directed to pay a decretal sum of Kshs. 4,485,526.90 within…
…For these reasons, I will allow prayer 3 of the applicants’ motion and hereby grant an interim order, staying execution of the ruling dated 19 September, 2024 and the decree issued in the Chief Magistrates Court Civil Case…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellant raised a preliminary objection dated 10.07.2018 questioning the jurisdiction of the Magistrates Court on the ground that sections 59 and 61(3) of the Energy Act, 2006 required such disputes to be referred to…
…The 1st Respondent filed Grounds of Opposition dated 06.08.2018 stating that the provision of alternative dispute resolution mechanisms under the Energy Act, 2006 did not oust the jurisdiction of the Magistrates Court and…