Case law
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Division and case type: Environment and Land CourtCivil Suit
…(e) ……… but having made a finding that the court is functus officio, then the forum where the parties may seek intervention remains the appellate court.”…
…discussed functus officio and cited with approval an excerpt from an article by Daniel Malan Pretorious entitled , “The Origins of the Functus Officio Doctrine, with Special Reference to its Application in Administrative…
Division and case type: Environment and Land CourtCivil Suit
…That the Honourable Court is functus officio in this matter and has no jurisdiction to hear the application or issue any orders. 2.…
…In the case of Telkom Kenya Ltd vs John Ochanda (suing on his behalf and on behalf of 996 former Employees of Telkom Kenya Ltd (supra), the Court of Appeal held as follows on the functus officio doctrine; “Functus officio…
Division and case type: Environment and Land CourtCivil Suit
…THAT the nature of the orders sought do not warrant the intervention of the court since the court is functus officio. 5.…
…The court's only recourse would have been to review the judgment and having refused to do so, it was rendered functus officio.” 35.…
Division and case type: Environment and Land CourtCivil Suit
…I am satisfied that the order was carried out as per the judgement and this court is now functus officio.…
…In the case of Telkom Kenya Ltd vs John Ochanda (suing on his behalf and on behalf of 996 former Employees of Telkom Kenya Ltd (supra), the Court of Appeal held as follows on the functus officio doctrine; “Functus officio…
Division and case type: Environment and Land CourtCivil Suit
…This because after judgment the court becomes functus officio and cannot entertain the suit anymore. 20. The doctrine of functus officio is one of the expressions in law on the principle of finality.…
…The Black''s Law Dictionary, Ninth Edition defines functus officio as: - 1.…
Division and case type: High Court DivCivil Suit
…On whether the Court is functus Officio : [15] The principle of functus officio was considered by the Supreme Court in Raila Odinga & 2 others v Independent Electoral & Boundaries Commission, Ahmed Issack Hassan, Uhuru Kenyatta…
…officio doctrine: “ Functus officio is an enduring principle of law that prevents the re-opening of a matter before a court that rendered the final decision thereon.…
Division and case type: Environment and Land CourtCivil Suit
…In the case of Telkom Kenya Ltd vs John Ochanda (suing on his behalf and on behalf of 996 former Employees of Telkom Kenya Ltd (supra), the Court of Appeal held as follows on the functus officio doctrine; “Functus officio…
…Officio Doctrine, with Special Reference to its Application in Administrative Law” (2005) 122 SALJ 832 which reads; “The functus officio doctrine is one of the mechanisms by means of which the law gives expression to the…
Division and case type: Environment and Land CourtCivil Suit
…This court is now functus officio.…
…In the case of Telkom Kenya Ltd vs John Ochanda (suing on his behalf and on behalf of 996 former Employees of Telkom Kenya Ltd (supra), the Court of Appeal held as follows on the functus officio doctrine; “Functus officio…
Division and case type: High Court DivCivil Suit
…According to the Respondent this court is functus officio.…
…The court has no jurisdiction to grant stay as the court is functus officio.…
Division and case type: High Court DivCivil Suit
…The doctrine of “functus-officio” is really an expression to the legal principle of finality.…
…The Learned author, Daniel Malan Pretorius, in his article “the origins of the functus officio Doctrine, with Specific Reference to its Application in Administrative Law” (2005) 122 SALJ 832 states that: - “the functus officio…
Division and case type: Environment and Land CourtCivil Suit
…That by virtue of this Honourable Court\'s Judgment delivered on the 17th of October 2019 this Honourable Court is now functus Officio and/or alternatively; 2.…
…The Supreme Court of Kenya discussed the doctrine of functus officio in Election Petitions Nos. 3, 4 & 5 Raila Odinga & Others vs.…
Division and case type: Environment and Land CourtCivil Suit
…The two issues which arise for determination will be addressed simultaneously. a) Whether this court is functus officio in some of the prayers being sought 8.…
…The doctrine of functus officio is an enduring principle of law that prevents re-opening of a matter before a court that rendered the final decision.…
Division and case type: Environment and Land CourtCivil Suit
…The substratum of the suit has been extinguished, and the Court is functus officio.…
…The Plaintiffs stated that the court upon delivering the Judgment on became functus officio.…
Division and case type: Environment and Land CourtCivil Suit
…The 2nd defendant counsel argued that this court cannot proceed with determining the application as it has become functus officio.…
…, where it held that; “Functus officio is an enduring principle of law that prevents the re-opening of a matter before a court that rendered the final decision thereon.”…
Division and case type: Environment and Land CourtCivil Suit
…Those prayers were never granted in the judgment, and therefore constitute new causes of action which require filing of a fresh suit as they cannot be granted in a concluded suit as this court is now functus officio. 9.…
…Officio Doctrine, with special reference to its application in Administrative Law” (2005)122 SALJ832 which states; “The functus officio doctrine is one of the mechanisms by means of which the law gives expression to the…
Division and case type: Environment and Land CourtCivil Suit
…The Respondent has argued that the court is functus officio since in the judgment, it granted the Applicant 90 days to vacate.…
…The doctrine of functus officio was discussed by the Supreme Court in Raila Odinga & Others vs.…
Division and case type: Environment and Land CourtCivil Suit
…I find that this court is now functus officio.…
…In the case of Telkom Kenya Ltd vs John Ochanda (suing on his behalf and on behalf of 996 former Employees of Telkom Kenya Ltd (supra), the Court of Appeal held as follows on the functus officio doctrine; “Functus officio…
Division and case type: High Court CivilCivil Suit
…This, counsel urged, could not be done as the court was functus officio. 16.…
…In my view, the court isn’t functus officio.…
Division and case type: Environment and Land CourtCivil Suit
…The Defendants maintain that going by the ruling of this court rendered on 26/1/2023, the court is not functus officio.…
…officio and review and or set aside any further directions, proceedings and or orders issued post the dismissal of the suit on 24th November 2022. 13 When is the court functus officio.…
Division and case type: High Court CivilCivil Suit
…officio rule.…
…In that case the court is said to have held on this issue that: “…A court is functus officio when it has performed all its duties in a particular case.…