Search court decisions

…The appellant be allowed to go out of the jurisdiction of the court. And b.…

…pursuant to his appellate jurisdiction were to be deemed as orders made pursuant to his appellate jurisdiction and a second appeal to the Court of Appeal lay from such orders.…

…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…

…Magolo indicated that they were challenging territorial jurisdiction.…

…This matter raises the question whether the court has jurisdiction to entertain it.…

…We were much pressed by Mr Adala for the respondent to invoke the jurisdiction under rule 1(3) of the rules of this court. We do not consider it necessary to encumber this ruling citation of numerous authorities.…

…So the present appeal to us is on sentence on which we would normally have no jurisdiction if the sentence on which we would normally have no jurisdiction if the sentence is lawful.…

…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…

…There is no appeal from that finding and it is difficult for a court exercising revisionary jurisdiction to fault the lower court on a finding of a fact.…

…I think my proper jurisdiction in an issue of this kind is the one given by section 149(4) of Criminal Procedure Code – to remit or reduce a fine imposed by the lower court.…

…Notwithstanding the provisions 4 of the said Code, I am of the view that a court which has no power to impose a minim sentence required by the penal provisions cannot have jurisdiction to try and determine the offence under…

…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…

…S 30, under which the Appellant is charged relates to the jurisdiction of the Tribunal and does not create an offence. Probably the intention was to charge under S 29.…

…Whilst Opidi comes from a neighbouring jurisdiction, the argument in it is very powerful, and I find difficulty in departing from it. The result therefore is that the error in the charge in this case is incurable.…

…Section 200 of the Criminal Procedure Code enacts : (a) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein…

…and is succeeded by another magistrate who has and exercises that jurisdiction, the succeeding magistrate may : Deliver a judgment that has been written and signed but not delivered by his predecessor; or Where judgment has…

…It follows therefore that a person aggrieved by the Attorney General’s termination of criminal proceedings may invoke the High Court’s judicial review jurisdiction.…

…By the fact alone of this quasi-judicial review character, it follows that an aggrieved person, by the Attorney General’s termination of criminal proceeding, may invoke the High Court’s Judicial Review jurisdiction.…

…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…

…Even if it were possible for us to ascertain to whom the vehicle KWL 653 belonged we would have no jurisdiction to make any order in respect of its destination.…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…

…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…

…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…

…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…

…The grounds of appeal in a second appeal should be confined to points of law and the Court of Appeal on such an appeal has no jurisdiction to review a sentence on the ground that it is severe. 4.…

…This court has no jurisdiction to review a sentence on second appeal on the grounds of severity.…

…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…

…This court has no jurisdiction to review a sentence on second appeal on the grounds of severity.…

…We have no jurisdiction to review the sentence. Adriano's appeal are also dismissed. The High Court made tow criticisms of the trial with which we fully agree.…