Case law
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Division and case type: CivilMiscellaneous Application
…He must also demonstrate that this court has jurisdiction to entertain the proceedings. 3.…
…In the Tribunal, he can challenge its jurisdiction.…
Division and case type: CivilMiscellaneous Application
…Nagpal, for the Respondent to this application, has taken preliminary objection which, he says, goes to the jurisdiction of this court.…
…1982, where the issue of damages could not in any event, have been determined on an Originating Summons, and James Njoro Kibutiri v Eliud Njau Kibutiri, Civil Appeal 30 of 1982 where LAW JA said that the High court had no jurisdiction…
Division and case type: CivilMiscellaneous Application
…Mr Justice Porter struck out the summons on May 3, 1984 because it had not been filed in any suit and therefore he held he had no jurisdiction.…
…There was want of jurisdiction and I am satisfied that my order was right. I would refuse to review it even if I were satisfied that, this was a proper application for review.…
Division and case type: CivilMiscellaneous Application
…In discharging that primary duty a land control body must act judicially and within its jurisdiction, and is subject to the controlling jurisdiction of the High Court exercised through a writ of certiorari.…
…It will consider the following grounds: (a) Want or excess of jurisdiction; (b) denial of natural justice; (c) errors on the face of the record.…
Division and case type: CivilMiscellaneous Application
…Section 8(1) of the Act enjoins that High Court shall not in the exercise of its civil or criminal jurisdiction issue any order of prerogative writs of mandamus prohibition or certiorari.…
…Mr Mwenesi urges me to exercise my jurisdiction under o 49 r 5 whereby I am empowered to enlarge time.…
Division and case type: CivilMiscellaneous Application
…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: CivilMiscellaneous Application
…NO. 44 OF 1998) ************** RULING OF THE COURT The applicant seeks the exercise of our discretionary jurisdiction under rule 5 (2) (b) of the Rules of this Court and order a stay of execution of the decree of the superior…
Division and case type: CivilMiscellaneous Application
…Firstly, section 28 confers upon this court the jurisdiction to extend such responsibility.…
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: CivilMiscellaneous Application
…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: CivilMiscellaneous Application
…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: Milimani Commercial CourtsMiscellaneous Application
…It was contended by the applicant that the Taxing Officer had acted in excess of her jurisdiction.…
Division and case type: CivilMiscellaneous Application
…In the Clenae case [1999] VSCA 35 Callaway JA observed (para 89 (e)): “As a general rule, it is the duty of a judicial officer to hear and determine the cases allocated to him or her by his or her head of jurisdiction.…