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: Milimani Commercial CourtsCivil Suit
…The courts jurisdiction has not been properly invoked as order 5 [1] Rule 7 of the Civil Procedure Rules is applicable only where summons expire before they are served upon the defendant. 2.…
…This honorable court lacks jurisdiction to issue the orders as sought. 3. The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
Division and case type: CivilCivil Suit
…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…
…It is obvious that the suit violates the aforesaid provisions which expressly confer jurisdiction upon a District Magistrate’s Court to determine disputes such as the present.…
Division and case type: CivilCivil Suit
…The defendant, through Ms BEN OCHIENG & CO ADVOCATES, filed a defence in which he pleaded that this court has no jurisdiction to hear and determine this suit or to grant the reliefs sought by the plaintiff pursuant to the…
…Kithi has submitted that the High Court, pursuant to the provisions of Section 60 of the Constitution, has unlimited civil jurisdiction and therefore that the suit is not incompetent.…
Division and case type: CivilCivil Suit
…In opposition of the said application the defendant’s advocate has taken a preliminary point that the court has no jurisdiction to try this suit as it is instituted prematurely and in contravention of the Architects and Quanitity…
…The defendant’s advocate in the course of his submission did not argue that the court had no jurisdiction although it is there in his written statement of opposition to the substantive application.…
Division and case type: CivilCivil Suit
…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…
…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…
Division and case type: CivilCivil Suit
…deceased by a special order of the court if this is proper but Mr Khanna, for all the appellants, said that these proposals were put forward as manifesting the appellants’ good faith, but that he doubted whether this court had jurisdiction…
…Moreover, he is beyond the jurisdiction.…
Division and case type: CivilCivil Suit
…It was submitted that he had no jurisdiction to let it go forth because he was functus officio quoad the injunction. He could not sit on appeal from his own refusal to grant one.…
…The applicant’s reply was that the trial judge had jurisdiction to preserve the subject matter of the dispute until the appeal was concluded. He knew all along the relevant facts and law.…
Division and case type: CivilCivil Suit
…Kabiru Karanja & 4 others read together with Section 76 of Co-operative Societies Act 1997 would show that this court has no jurisdiction to entertain disputes of this nature.…
Division and case type: CivilCivil Suit
…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…
…This is a case in which the court, in my view, have had power to act under its inherent jurisdiction if the specific provisions of Order 9 rule 10 did not apply. (underlining is mine).…
Division and case type: CivilCivil Suit
…information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document for the purpose of our jurisdiction…
Division and case type: CivilCivil Suit
…They had no jurisdiction to sit in judgment respecting the suit land.…
Division and case type: CivilCivil Suit
…His conclusion was based on the fact that he was acquitted by a Court of competent jurisdiction of the offence of theft of the tyre and was therefore completely exonerated from blame.…
Division and case type: CivilCivil Suit
…Mr Sampson also quoted from Lee vs Showman’s Guild of Great Britain [1976] 1 All ER 1175 in which it was held that the courts have jurisdiction to examine any decision of a domestic tribunal which involved a question of law…
…For myself, I should be very slow to make any such order on motion, though in a clear and compelling case there is no doubt jurisdiction to do so. I do not think that this is a case of that sort.…
Division and case type: CivilCivil Suit
…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: Environment and LandCivil Suit
…Under rule 1(3) of order vii Civil Procedure Rules, the Superior Court however had a discretion – it had jurisdiction instead of striking out the plaint to make any other appropriate orders such as giving the plaintiffs another…
Division and case type: CivilCivil Suit
…January 27, 1975 from the district magistrate to the Registrar of the High Court in Nairobi asking him to refund some fees to the plaintiff in the suit in that court because “the case was withdrawn as ‘his’ court had no jurisdiction…
Division and case type: CivilCivil Suit
…Relying on the case of Brooke Bond Liebig (T) Ltd v Mallya (1975) EA 266 he submitted that the court had jurisdiction to set aside the current judgment even where the same was entered into in the presence of counsels and…