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: CriminalCriminal Appeal
…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.…
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 RIGHTS DIVISIONCivil Appeal
…Appeal decision in Owners of the Motor Vessel “Lillian S’ -vsCaltex Oil (Kenya) Ltd [1989] KLR, wherein it was held that jurisdiction is everything and that where a court lacks jurisdiction it must down its tool.…
…Bank and 2 Others (2012) eKLR jurisdiction can only be conferred by the Constitution or statute; and that neither the Constitution nor any other law granted the High Court jurisdiction to intervene in the manner sought by…
Division and case type: CivilCivil Appeal
…STRONG REASON The courts of this country have a discretion to assume jurisdiction over an agreement which is made to be performed in Kenya notwithstanding a clause therein conferring jurisdiction.…
…and Kenindia are already within the jurisdiction.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilMiscellaneous Civil Application
…There is no allegation that the respondents’ suit was wrongly filed in the Magistrate’s Court; in other words, it is not alleged that the magistrate has no jurisdiction to try the respondents’ case.…
…counterclaim was “filed” in a Court without jurisdiction and accordingly this Court has no jurisdiction to transfer it.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…162 (2) of the Constitution (by Act No. 19 of 2011) with exclusive jurisdiction over “the environment and use and occupation of, and title to, land”, the matter of jurisdictional boundaries of the High Court and the Environment…
…Article 165 (3) (b) and 5 (b) of the the Constitution demarcates the High Court's jurisdiction on enforcement of the Bill of Rights and excludes the jurisdiction inrespect of matters falling within the jurisdiction of the…
Division and case type: CivilCivil Appeal
…Otherwise it had jurisdiction to hear and determine the case under section 159 of the Act, as the section was at that time.…
…It says that the senior resident magistrate, Nyeri, had no jurisdiction to determine a boundary dispute.…
Division and case type: CivilCivil Appeal
…of the Court and since the jurisdiction of this Court is founded on statute, it cannot be properly invoked unless the intending appellant strictly complies with its provisions.…
…Counsel said the objection merely raised a procedural point which this Court, in its inherent jurisdiction, can waive.…
Division and case type: CivilCivil Appeal
…of the Court and since the jurisdiction of this Court is founded on statute, it cannot be properly invoked unless the intending appellant strictly complies with its provisions.…
…Counsel said the objection merely raised a procedural point which this Court, in its inherent jurisdiction, can waive.…
Division and case type: CriminalCriminal Case
…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.…
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: 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: CivilCivil Appeal
…Neither in the pleadings nor in the trial was the jurisdiction of the Kenyan courts to entertain the suit contested.…
…And a litigant who submits to the jurisdiction of the Kenyan courts must, ipso facto, submit to the statutory restrictions on the exercise of that jurisdiction.…
Division and case type: CivilCivil Case
…The second one is that this Court lacks jurisdiction to entertain the application. Mr.…
…The result was that the application is presently grounded on the inherent jurisdiction of the Court. Two issues are raised by the application. Firstly whether this Court possesses the jurisdiction to entertain it.…
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: CivilCivil Appeal
…This is so because the jurisdiction of this court is limited to the original and appellate jurisdictions of the superior court.…
…To bring in the intended defendant would be to extend that jurisdiction contrary to rule 73 of the Rules of this court.…
Division and case type: CivilCivil Appeal
…In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to…
…It is important to state at the outset that section 5 (d) of the Appellate Jurisdiction Act, while donating the power to make rules providing for the summary determination of any appeal which appears to the court to be frivolous…
Division and case type: CivilCivil Case
…Affidavit or otherwise that the defendant with intent to obstruct or delay the execution of any decree that may be passed against him is about to remove the whole or any part of his property from the local limits of the jurisdiction…
…That is because there is now sufficient proof that after the filing of the first application which sought the attachment of 5 trucks and their trailers, two of those trailers and trucks were spirited away from the jurisdiction…