“"jurisdiction"” — court decisions

Judgment[1994] KECA 11412 January 1994

Judgment[1987] KECA 789 July 1987

Bananahill Investment Ltd v Panafrican Bank Ltd & 2 others

Court of Appeal at NairobiJUDGE APPEAL,Kimani GachathiCase number Civil Appeal 68 of 1986

Division and case type: CivilCivil Appeal

…The situation in this appeal must not be confused with decisions of this court concerning its original jurisdiction under rule 5(2) (b) of the Court of Appeal Rules.…

application is refusedDismissed22 min read

Judgment[2006] KECA 3807 December 2006

Aberdare Freight Services Ltd v Kenya Revenue Authority

Court of Appeal at NairobiJUDGE APPEAL,Abdulrehman Hemed Mohamed,Fred Ngatia,Francis Thuranira,Mohamed,Thuranira,Otiende Amollo,Ismail Jillo Dajissa,Dajissa,Shah,Frederick Ngatia,Ngatia,Ontweka,Mogaka,MachariaCivil Appeal 263 of 2004

Division and case type: CivilCivil Appeal

…Examples of this principle are to be found in the case of ex parte injunctions, ex parte orders made for service of proceedings out of the jurisdiction under Order 11 of the Rules of the Supreme Court.…

…In the same treatise it is stated: “As a general rule a party should not be allowed to litigate issues which have already been decided by a court of competent jurisdiction.”…

46 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

…essentials bear comparison with the facts of the one before the Court, and they otherwise bear a reasonable measure of similarity to it, Kenyan authorities should be used to the exclusion of others, save those from neighbouring jurisdiction…

30 min read

Judgment[1993] KECA 5715 December 1993

King Woolen Mills Ltd (formerly known as Manchester Outfitters Suiting Di v ision Ltd &

Court of Appeal at NairobiShields,JUDGE APPEALCivil Appeal 55 of 1993

Division and case type: Anti-CorruptionCivil Appeal

…client, but in my view we must treat each of the cases, not as a matter of form, not as a matter to be decided on the mere proof of a former acting for a client but, as a matter of substance, before we allow the special jurisdiction…

32 min read

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…As we pointed out in….. on inequitable conduct ‘recent authorities have supported a much wider jurisdiction to interfere in cases where the assertion of strict legal rights is found by the Court to be unconscionable (Snells…

…On appeals following the up-holding by the judge (Barch C J) of the objection taken by the respondent (defendant) therein that both should have been signed by the plainti because he was a resident within the jurisdiction…

76 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

…MUIRU GIKANGA & ANOTHER, [1965] E.A. 735 at pages 738 and 739 where after setting out the provisions of regulation 4 of the Kenya (Jurisdiction of Courts and Pending Proceedings), Regulations, 1963 which is similar to section…

appeal allowedAllowed67 min read