Case law
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Division and case type: CivilCivil Appeal
…Landlord & Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, Laws of Kenya (hereinafter referred to as “the Act”) The material portion of the Act reads: 12(1) “A Tribunal shall in relation to its area of jurisdiction…
…“Court” is defined in the Civil Procedure Act as the High Court or a subordinate Court, acting in the exercise of its civil jurisdiction. A Tribunal is not a subordinate court.…
Division and case type: CivilCivil Case
…open to controversy in the early suit (ie that the subject matter in dispute is the same), either actually or constructively; (b) that the same subject matter in dispute now came in question before a Court of competent jurisdiction…
…That is to say, there I showed the conditions of applying the doctrine of res judicata to be (a) Identity of the matter in issue; (b) Identity of the parties; (c) Sameness of title; (d) Concurrence of jurisdiction; (e) Finality…
Division and case type: Commercial and TaxInsolvency Cause
…This is that, this is an appeal from a decision of the High Court (Akiwumi, J) in the exercise of its original jurisdiction.…
…We therefore emphasise that it is within jurisdiction to re-appraise the whole evidence and draw our own inferences.…
Division and case type: Constitutional and Human RightsPetition
…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
…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: CivilCivil Case
…This Court lacks jurisdiction to rule on it in the manner prayed for.…
…I cannot revisit the issue regard being had of the fact that him and I have concurrent jurisdiction. The submissions by applicant’s counsel on the issue are superfluous.…
Division and case type: CivilCivil Case
…This Court lacks jurisdiction to rule on it in the manner prayed for.…
…I cannot revisit the issue regard being had of the fact that him and I have concurrent jurisdiction. The submissions by applicant’s counsel on the issue are superfluous.…
Division and case type: CivilCivil Suit
…Kabiru Karanja & 4 others read together with Section 76 of Co-operative Societies Act 1997 would show that this court has no jurisdiction to entertain disputes of this nature.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Mr Chunga argued that prohibition can only issue if the subordinate Court acts in excess or lack of jurisdiction. With respect this is not a correct statement of the law.…
…Lord Selbourne said, p 214: “The power seemed to be inherent in the jurisdiction of every Court of Justice to protect itself from the abuse of its own procedure.”…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Mr Chunga argued that prohibition can only issue if the subordinate Court acts in excess or lack of jurisdiction. With respect this is not a correct statement of the law.…
…Lord Selbourne said, p 214: “The power seemed to be inherent in the jurisdiction of every Court of Justice to protect itself from the abuse of its own procedure.”…
Division and case type: CivilCivil Case
…The order that this being a boundary dispute court had no jurisdiction until the Land Registrar had determined the boundaries pursuant to s. 21(2) of the Registered land Act.…
Division and case type: CivilCivil Case
…This Court lacks jurisdiction to rule on it in the manner prayed for.…
…I cannot revisit the issue regard being had of the fact that him and I have concurrent jurisdiction. The submissions by applicant’s counsel on the issue are superfluous.…
Division and case type: Milimani Commercial CourtsCivil Case
…That would mean that this court has no jurisdiction in this matter which must go to the Business Premises Rent Tribunal. Nor can possession be obtained except as provided under cap 301.…
…It is therefore necessary to consider this case in terms of my equitable jurisdiction in respect of which the following considerations apply: (1) There is no dispute between the parties, and clear authority has been quoted…
Division and case type: FamilySuccession Cause
…He further argued the procedure adopted by applicant is wrong as Section 47 of the Law of Succession is a Section declaring jurisdiction of court and that all applications not provided for by the Rules are brought to court…
…Section 47 of the Law of Succession Act provides:- “ The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and providence such decrees and make such orders therein as…
Division and case type: CriminalMiscellaneous Criminal Application
…The jurisdiction of the Court to entertain an application pursuant to section 84(1) is specific.…
…The applicant is obliged to bring his application within the ambit of that section before the Court can have jurisdiction to entertain and determine it.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…
Division and case type: CriminalCriminal Appeal
…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…
Division and case type: Milimani Commercial CourtsCivil Case
…That first Defendant be served by facsimile and or e-mail or as this Honourable Court may direct as the first Defendant is not within jurisdiction. 9.…
…(Supra) is the locus classicus in the grant of interlocutory injunctions within our jurisdiction.…
Division and case type: CivilCivil Suit
…They had no jurisdiction to sit in judgment respecting the suit land.…
Division and case type: Constitutional and Human RightsPetition
…This court has no jurisdiction to deal with the so called stay directly with the applicant. His refuge at this juncture lies with the Official Receiver. That is his man.…