Case law
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Division and case type: CivilCivil Suit
…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…
…This Court has, therefore, the jurisdiction to handle this case. I now turn to the merits of the application. The claim is liquidated.…
Division and case type: High Court CivilCivil Suit
…jurisdiction as conferred by the Constitution or legislation, and none can trespass upon the jurisdiction of the other.” 27.…
…Without jurisdiction, the Court cannot confer jurisdiction on itself.” 35.…
Division and case type: Environment and Land CourtCivil Suit
…On the question of jurisdiction, the defendant refers to the case of R v.…
…Jurisdiction must be acquired before judgment is given. Jurisdiction was a court’s power to entertain, hear and determine a dispute before it.”…
Division and case type: Environment and Land CourtCivil Suit
…The only issue for determination is whether this court has jurisdiction to determine this suit. Jurisdiction is the power of the court to determine a dispute.…
…The jurisdiction of a court flows from the Constitution or statute or both and a court cannot arrogate to itself jurisdiction it does not have.…
Division and case type: High Court DivCivil Suit
…is not the Court of the lowest grade with competent jurisdiction.…
…The unlimited jurisdiction of this court is not an exclusive jurisdiction to assume such jurisdiction where under Section 11 of the Civil Procedure Act, 2010, that jurisidciton is conferred to another court of the lowest…
Division and case type: High Court CivilCivil Suit
…If no restriction or limit is imposed, the jurisdiction is said to be unlimited.…
…Where a Court takes upon itself to exercise a jurisdiction which it does not possess, its decision amounts to nothing. Jurisdiction must be acquired before judgment is given.”…
Division and case type: Environment and Land CourtCivil Suit
…That it is the High court that has jurisdiction to deal with such disputes.…
…The ELC's jurisdiction over contracts relates to land use, not financial instruments like mortgages or charges, which fall under the civil jurisdiction of the High Court.…
Division and case type: High Court DivCivil Suit
…In the alternative, the plaintiffs submitted that, should the Court find that it lacks jurisdiction to entertain the suit, the suit be transferred to the court with jurisdiction to determine the same so that the issues in…
…Thus, a Court of law can only exercise jurisdiction as conferred by the constitution or other written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law.…
Division and case type: High Court CivilCivil Suit
…tribunal is bereft of jurisdiction to entertain this suit.…
…In Owners of Motor Vessel “Lilian S” v Caltex Oil (Kenya) Limited (1989) 1 KLR the Court dealt with the issue of a courts’ jurisdiction thus: - “Jurisdiction is everything.…
Division and case type: High Court DivCivil Suit
…JURISDICTION 5.…
…jurisdiction.…
Division and case type: Environment and Land CourtCivil Suit
…Issue of jurisdiction 4. Before the matter could be listed for pre-trial directions the court, of its own motion, raised the issue of jurisdiction to entertain the suit.…
…In that regard, the Court expressed that the jurisdiction of the ELC to deal with disputes relating to contracts should be understood within the context of the court’s jurisdiction to deal with disputes connected to “use”…
Division and case type: High Court CivilCivil Suit
…The defendant raised a preliminary objection dated 16.4.26 to the effect that this court lacks jurisdiction to hear and determine the plaintiff’s suit.…
…DETERMINATION The only issue for determination is whether this court has jurisdiction to determine this dispute.…
Division and case type: Environment and Land CourtCivil Suit
…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.…
…Thus, a court of law can only exercise jurisdiction as conferred by the Constitution or other written law. It cannot arrogate to itself jurisdiction exceeding that which is conferred upon it by law.…
Division and case type: High Court DivCivil Suit
…He stated that where orders are issued by a Court without jurisdiction, they are nullities.…
…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.…
Division and case type: High Court CivilCivil Suit
…If a suit is filed without jurisdiction, the only remedy is to withdraw it and file a complaint one in the court seized of jurisdiction. A suit filed devoid of jurisdiction is dead on arrival and cannot be remedied.…
…Without jurisdiction, the Court cannot confer jurisdiction to itself. The subordinate court could not therefore entertain the suit and allow only that part of the claim that was within its pecuniary jurisdiction.…
Division and case type: High Court CivilCivil Suit
…Such jurisdiction being exercisable after exhaustion and subject to statutory exhaustion. 16. What is deferred or postponed, is not the jurisdiction, but its exercise.…
…Because the doctrine of exhaustion postpones the exercise of jurisdiction instead of merely sharing jurisdiction. 17.…
Division and case type: Environment and Land CourtCivil Suit
…Section 13 (2) of the ELC Act sets out the extent of that jurisdiction.…
…It must down its tools once it is of the opinion it does not have jurisdiction.…
Division and case type: High Court CivilCivil Suit
…That the Honourable Court does not have jurisdiction to hear and determine this matter.…
…They claim that this court lacks jurisdiction to entertain this application and the suit as such jurisdiction lies with the Registrar of Societies.…
Division and case type: Environment and Land CourtCivil Suit
…Jurisdiction is a fundamental issue which ideally must be determined at the earliest opportunity.…
…Jurisdiction is everything. Without it, a Court has no power to make one more step.”…
Division and case type: Environment and Land CourtCivil Suit
…Jurisdiction of the Tribunal (1) The Tribunal shall have jurisdiction to hear and determine all matters referred to it, relating to the energy and petroleum sector arising under this Act or any other Act. (2) The jurisdiction…
…The dispute here is over land and this court would have jurisdiction. We have to be careful when we say a court has no jurisdiction.…