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…He submitted that this is a rule of procedure of the Supreme Court of England, which our High Court is adopting, by virtue of section 5 of the Judicature Act, Chapter 8, Laws of Kenya.…

…As the Supreme Court requires that an application be made to a judge in chambers, I consider that the rule is not inconsistent with the provisions of our order XXXIX rule 9 of the Civil Procedure Rules.…

…The Supreme Court of India in Chunilal Mehta v Century Spinning and Manufacturing Co.…

…Court.…

…Similarly, in Samuel Kamau Macharia & Another v Kenya Commercial Bank Ltd & 2 Others [2012] eKLR, the Supreme Court held that a court can only exercise jurisdiction donated by the Constitution or statute and cannot arrogate…

…The Supreme Court in Kenya Commercial Bank Ltd v Benjoh Amalgamated Ltd & Another [2017] eKLR reaffirmed that the doctrine serves the important public policy of bringing litigation to an end and preventing parties from reopening…

…The 2nd Petitioner argues that the Supreme Court in Methodist church in Kenya v Mohammaed Fugicha & 3 others [2019], eKLR, opined that the most crucial interest or stake in any suit is that of the primary/principal parties…

…See also the Supreme Court in Raila Odinga & 2 others v IEBC & 3 others [2013] eKLR. 16.…

…The learned counsel for the applicants have among others submitted that they have met the threshold for joinder as required in the Supreme Court of Kenya case of “Francis Muruatetu versus Attorney General Petition No. 5,”…

…The learned counsel cited the cases of Hacharan Singh Sehmi & Others versus Tarbana Company Limited & Others Supreme Court Petition (Application) No.…

…Dealing with the doctrine in Kenya National Commission of Human Rights –vs- The Attorney General & 17 Others (2020) eKLR, the Supreme Court stated as follows: “The term ‘sub-judice’ is defined in Black’s Law Dictionary, 9th…

…Expounding the doctrine in Communication Commission of Kenya & 5 Others –vs- Royal Media Services Ltd & 5 Others (2014) eKLR, the Supreme Court stated thus: “[256]         The appellants in this case are seeking to invoke…

…On appeal to the Court of Appeal and the Supreme Court, the appeal was denied with minimal disruption to Olola J's award. 21.…

…The matter is in pari materia with the current petition, where the Supreme Court Judgment states that Zinj Limited was clearly the registered owner of the property in question, which was later registered in the name of the…

…. & 5 Others (2014) eKLR, the Supreme Court held as follows: “(256) The appellants in this case are seeking to invoke the “principle of avoidance”, also known as “constitutional avoidance”.…

…Supreme Court has held that it would not decide a constitutional question which was properly before it, if there was also some other basis upon which the case could have been disposed of (Ashwander v.…

…Attorney General, Supreme Court Petition No. 5 (E006) of 2022; [2023] KESC 57 (KLR), the Supreme Court comprehensively addressed the legal status of allotment letters and held as follows: “It is settled law that an Allotment…

…The Supreme Court further stated: “It has been held severally that a letter of allotment per se is nothing but an invitation to treat.…

…Supreme Court in Railroad Commission of Texas v. Pullman Co., 312 U.S. 496 61 S. Ct. 643, 85 L. Ed. 971 (1941).…

…Court.…

…The Supreme Court reiterated the position in Benson Ambuti Adega & 2 others v Kibos Distillers Limited & 5 others [2020] eKLR.…

…The Supreme Court affirmed the Anarita Karimi principles in Communications Commission of Kenya & 5 others vs.…

…The Supreme Court, in the case of Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others, SC Petition No 14, 14A, 14B, and 14C of 2014; [2014] eKLR, delineates the principles that govern a…

…In the case of Rai & 3 others v Rai & 4 others [2014] KESC 31 (KLR), the Supreme Court established that costs should follow the event.…

…The said immunity operates as a procedural bar, citing the decision of the Supreme Court of Kenya in Karen Njeri Kandie Vs Alssane Ba & Another (2017) eKLR in this regard. 8.…

…This Court in the Shelter Afrique case found the immunity was absolute and upheld the PO sustained by the trial court, but the Supreme Court, in its analysis, found that the immunity was not absolute.…

…The Supreme Court in Jasbir Singh Rai & 3 Others v Tarlochan Singh Rai & 4 Others [2014] eKLR affirmed that while costs ordinarily follow the event, the courts have on a case-by-case basis identified good reasons for departing…

…In Mbevo v Mati & 2 Others (Petition of Appeal 22 of 2019) [2021] KESC 74 (KLR), the Supreme Court reiterated that the vital factor is the judiciously exercised discretion of the court, accommodating the special circumstances…

…Objection is sustainable or not but look at the pleadings and discover that the suit is a none starter - see the works of Ogola J. in DJC v BKL (Civil Suit E021 of 2021) [2022] KEHC 10189 (KLR) (27 June 2022) (Ruling): “The Supreme…

…Court in Hassan Ali Joho & Another v Suleiman Said Shahbal & 2 Others cited the leading decision on Preliminary Objections, Mukisa Biscuit Manufacturing Co.…

…The 2nd Respondent cited the Supreme Court in petition No. 14 of 2014 Communication Commission of Kenya Vs Royal Media Service Ltd & 5 Others.…

…The Supreme Court quoted with approval, the South African case in S vs Mhlungu, 1995 (3) SA 865 (CC) where Kentridge A.J articulated the principle of avoidance as follows:- “I would lay it down as a general principle that…

…On the question of res judicata, Counsel relied on the holding in the case of Richard Wefwafwa Songoi v.Ben Munyifwa Dongoi(2020)KECA 942(KLR), which the Supreme Court case of Communications Commission of Kenya & 5 others…

…This doctrine was discussed by the Supreme Court in the case of Communications Commission of Kenya & 5 others v Royal Media Services Limited & 5 others (Petition 14, 14A, 14B & 14C of 2014 (Consolidated)) [2014] KESC 53 (…

…In Githiga & 5 others vs Kiru Tea Company Ltd (Petition 13 of 2019) [2023] KESC 41 (KLR) (16 June 2023) (Judgement) the Supreme Court held that “Due to the quasi-criminal nature of contempt proceedings and the gravity of…

…In Republic vs Ahmad Abolfathi Mohammed & Another [2018]eKLR the Supreme Court held that “the power to commit a person to jail must be exercised with utmost care, and exercised only as a last resort.…

…The Supreme Court in Samuel Kamau Macharia and Another vs Kenya Commercial Bank Limited & 2 others (2012)eKLR held that; “A court’s jurisdiction flows from either the constitution of legislation or both.…

…In a more recent decision, the Supreme Court of Kenya in NGOs Co-ordination Board vs EG & 4 others; Katiba Institute (Amicus Curiae) (2023) KESC 17 (KLR) re-emphasised this settled law at paragraph 87 thereof by stating;…