Case law
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Division and case type: Constitutional and Human RightsPetition
…On this day, the only Respondent who made an appearance is the 1stRespondent, the Attorney General who has led a Notice if Preliminary Objection raising jurisdictional issues. 6. Mr.…
…Under the Constitution of Kenya (Supervisory jurisdiction and Protection of Fundamental Rights and Freedom of the Individual) High Court Practice and Procedure Rule, 2006 directions have been given as to the hearing of a…
Division and case type: Constitutional and Human RightsPetition
…This is an application by way of Chamber Summons under the provisions of Section 3A of the Civil Procedure Act, inherent jurisdiction of the court, the Winding Up rules and all enabling provisions of law for orders that the…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: Environment and Land CourtPetition
…A party or litigant cannot be allowed to confer jurisdiction on a court or to oust jurisdiction of a competent organ through the art and craft of drafting of pleadings. …
…Even if a court has original jurisdiction, the concept of original jurisdiction does not operate to oust the jurisdiction of other competent organs that have legislatively been mandated to hear and determine a dispute. …
Division and case type: Environment and Land CourtPetition
…That the jurisdiction of the Honorable court has not been invoked properly. 2.…
…The jurisdiction of court is not conferred upon it by parties nor can the court confer upon itself jurisdiction.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: Constitutional and Human RightsPetition
…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…
…The question is, did the Magistrate’s court have the jurisdiction to tax the advocate/client bill of costs? 24. Jurisdiction is everything, without which, a court of law acts in vain.…
Division and case type: Environment and Land CourtPetition
…Jurisdiction must be acquired before judgement is given.” 25.…
…to a court with jurisdiction and therefore sanctify an incompetent suit.…
Division and case type: Environment and Land CourtPetition
…Justice Ong’ondo, the judge dismissed them for want of jurisdiction. 2. Given that an issue of jurisdiction was raised, I directed any respondent wishing to urge this point to file and serve submissions in 7 days.…
…It is submitted that this court would then have appellate jurisdiction over the decision of the said Tribunal and that it was erroneous to invoke the jurisdiction of this court in the first instance.…
Division and case type: Environment and Land CourtPetition
…Whether this Court has jurisdiction to entertain the Petition. 2. Whether the Petition is barred by the doctrines of res judicata and functus officio. 3. …
…The starting point is jurisdiction. It is now settled law that jurisdiction is everything and without it a court must down its tools.…
Division and case type: Environment and Land CourtPetition
…Justice Ong’ondo, the judge dismissed them for want of jurisdiction. 2. Given that an issue of jurisdiction was raised, I directed any respondent wishing to urge this point to file and serve submissions in 7 days.…
…It is submitted that this court would then have appellate jurisdiction over the decision of the said Tribunal and that it was erroneous to invoke the jurisdiction of this court in the first instance.…
Division and case type: Environment and Land CourtPetition
…The law on jurisdiction is settled and uncompromising. 43. In Owners of the Motor Vessel “Lillian S” v Caltex Oil (Kenya) Ltd [1989] KLR 1, the Court of Appeal held: “Jurisdiction is everything.…
…to a court with jurisdiction and therefore sanctify an incompetent suit.…
Division and case type: Environment and Land CourtPetition
…Justice Ong’ondo, the judge dismissed them for want of jurisdiction. 2. Given that an issue of jurisdiction was raised, I directed any respondent wishing to urge this point to file and serve submissions in 7 days.…
…It is submitted that this court would then have appellate jurisdiction over the decision of the said Tribunal and that it was erroneous to invoke the jurisdiction of this court in the first instance.…
Division and case type: Environment and Land CourtPetition
…Whether the court is with jurisdiction in the petition in view of the doctrine of exhaustion. b. What orders to issue. c. Who bears the costs? 4.…
…The rationale behind this precept is that statutory provisions ousting court’s jurisdiction must be construed restrictively.…
Division and case type: Environment and Land CourtPetition
…That was not a dispute that the tribunal had jurisdiction to hear. Its decision was out of jurisdiction hence null and void. 19.…
…In his address, beseeching this court not to take up jurisdiction, Mr.…
Division and case type: Environment and Land CourtPetition
…Justice Ong’ondo, the judge dismissed them for want of jurisdiction. 2. Given that an issue of jurisdiction was raised, I directed any respondent wishing to urge this point to file and serve submissions in 7 days.…
…It is submitted that this court would then have appellate jurisdiction over the decision of the said Tribunal and that it was erroneous to invoke the jurisdiction of this court in the first instance.…
Division and case type: Environment and Land CourtPetition
…Justice Ong’ondo, the judge dismissed them for want of jurisdiction. 2. Given that an issue of jurisdiction was raised, I directed any respondent wishing to urge this point to file and serve submissions in 7 days.…
…It is submitted that this court would then have appellate jurisdiction over the decision of the said Tribunal and that it was erroneous to invoke the jurisdiction of this court in the first instance.…
Division and case type: Environment and Land CourtPetition
…Justice Ong’ondo, the judge dismissed them for want of jurisdiction. 2. Given that an issue of jurisdiction was raised, I directed any respondent wishing to urge this point to file and serve submissions in 7 days.…
…It is submitted that this court would then have appellate jurisdiction over the decision of the said Tribunal and that it was erroneous to invoke the jurisdiction of this court in the first instance.…
Division and case type: Environment and Land CourtPetition
…The preliminary objection above questioned the jurisdiction of this court to hear and determine the petition herein.…
…I note that the intended appeal touches on the jurisdiction of this court to determine the petition herein.…
Division and case type: Environment and Land CourtPetition
…Consequently therefore, the suit property was private property which was not under the jurisdiction of the Land Dispute Tribunal and any dispute filed before it was devoid of jurisdiction.…
…The 1st Respondent pleaded and submitted that the Petitioner duly submitted himself to the jurisdiction of the Land Dispute Tribunal and even appealed against the said award and can not now allege that there was no jurisdiction…