Case law
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Division and case type: CivilCivil Case
…The appellant pleaded that the court had no jurisdiction to try the case but he was overruled by the resident magistrate.…
…In this instant case the 1st defendant society bought Karanjee farm and presumably had jurisdiction to subdivide it and allocate the resultant plots to its members.…
Division and case type: CivilCivil Case
…In his oral submissions before me Mr Masese even argued that the court has no jurisdiction to entertain the claim under the said Act.…
…It was also argued that the court had no jurisdiction to entertain this suit because the alleged sub-tenancy is a controlled tenancy.…
Division and case type: CivilCivil Case
…The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…
…It is to this jurisdiction that the defendants stated that this court has no powers to entertain. The plaintiff, they claim have come first to the wrong court.…
Division and case type: CivilCivil Case
…The order that this being a boundary dispute court had no jurisdiction until the Land Registrar had determined the boundaries pursuant to s. 21(2) of the Registered land Act.…
Division and case type: CivilCivil Case
…This Court lacks jurisdiction to rule on it in the manner prayed for.…
…I cannot revisit the issue regard being had of the fact that him and I have concurrent jurisdiction. The submissions by applicant’s counsel on the issue are superfluous.…
Division and case type: CivilCivil Case
…This Court lacks jurisdiction to rule on it in the manner prayed for.…
…I cannot revisit the issue regard being had of the fact that him and I have concurrent jurisdiction. The submissions by applicant’s counsel on the issue are superfluous.…
Division and case type: CivilCivil Case
…This Court lacks jurisdiction to rule on it in the manner prayed for.…
…I cannot revisit the issue regard being had of the fact that him and I have concurrent jurisdiction. The submissions by applicant’s counsel on the issue are superfluous.…
Division and case type: Milimani Commercial CourtsCivil Case
…That would mean that this court has no jurisdiction in this matter which must go to the Business Premises Rent Tribunal. Nor can possession be obtained except as provided under cap 301.…
…It is therefore necessary to consider this case in terms of my equitable jurisdiction in respect of which the following considerations apply: (1) There is no dispute between the parties, and clear authority has been quoted…
Division and case type: CivilCivil Case
…applied by the motion before me for an order for extension of time to file the notice of appeal although it is debatable whether in the circumstances of this case I can grant such a request in view of S.7 of the Appellate Jurisdiction…
Division and case type: CivilCivil Case
…But this jurisdiction is a delicate one which will only be exercised with great caution and only in the clearest of cases.…
Division and case type: Milimani Commercial CourtsCivil Case
…That first Defendant be served by facsimile and or e-mail or as this Honourable Court may direct as the first Defendant is not within jurisdiction. 9.…
…(Supra) is the locus classicus in the grant of interlocutory injunctions within our jurisdiction.…
Division and case type: CivilCivil Case
…The foundation for this jurisdiction is the right of property vested in the member of which he is unjustly deprived by the unlawful expulsion” It seems to me therefore that an important factor which will make the courts interfere…
Division and case type: Milimani Commercial CourtsCivil Case
…In my discernment of the law, whether the parties marriage is customary or statutory, the preponderance of authority in this jurisdiction leads me to the conclusion that the wife is likely to prevail at the trial in her contention…
Division and case type: CivilCivil Case
…The court suo motu, and in exercise of its inherent jurisdiction joined XZIT LTD as a party in the suit and extended the injunction to cover it.…
Division and case type: Milimani Commercial CourtsCivil Case
…Mr Nowrojee drew my attention to section 56 to 62 of the Trustee Act, chapter 167 which, in effect, give court, the jurisdiction to authorize dealings with trust property but with the important proviso in section 62 which…
Division and case type: CivilCivil Case
…This jurisdiction is one which, as the Court of Appeal for East Africa observed in Giella vs Cassman Brown Ltd [1975] EA 358 must be exercised judicially and in accordance with the well known principles.…
Division and case type: CivilCivil Case
…error on the part of an advocate (which would, of course, include that of his clerk) did not amount to sufficient reason for extending time to file the memorandum and record of appeal, and that consequently the court had no jurisdiction…
Division and case type: CivilCivil Case
…Section 59 (1) of the Registered Land Act gives the Court jurisdiction to grant the tenant relief from forfeiture. In any case courts of equity grant relief against forfeiture for non-payment of rent.…
Division and case type: CivilCivil Case
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…