Case law
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Division and case type: CivilCivil Appeal
…As long ago as November 10, 1933 Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER…
Division and case type: CivilMiscellaneous Application
…(a) The point is now concluded by the decision of the Supreme Court, in Manohur Lal Chopra v Seth Hira Lal (b) wherein it has been held that the Court has powers under s 151 to issue an injunction in cases not falling within…
…The Supreme Court was divided on this.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…The issue of enforcement of Bill of Rights should not be a collateral question in the words of the Supreme Court in ICJ (K) v. A.G. & 2 Others S.C. Cri.…
…Appeal No. 1 of 2012 of 15th November 2012, discussing the appellate jurisdiction of the Supreme Court to deal with appeals as of right in respect to a question of interpretation of the Constitution. (6) The Petitioner's…
Division and case type: CriminalCase number Criminal Application
…Mr Khaminwa adopted the above submissions made by Mr Imanyara and added that what was relevant to the present proceedings was order 52 of the Supreme Court Rules and the relevant sections thereof and not any section of the…
Division and case type: CivilCivil Appeal
…That was, he said, a matter of summary judgment under the English Rules of the Supreme Court. Security was being asked for in that connection. Here judgment had been given the respondent had acquired rights.…
Division and case type: CivilCase number Civil Application
…In England, by order 62 rule 28A of The Rules of The Supreme Court Parliament has provided an exception to the principle that by an award of costs a successful party is only to be indemnified against costs which he has incurred…
Division and case type: CivilCivil Appeal
…The enforcement of the exclusive jurisdiction clause is shown to be “unreasonable” under the circumstances – per Chief Justice Burger of the United States Supreme Court in The Chaparral [1972] 2 Lloyd’s Rep 315. D.…
…Court Chaparral case (supra).…
Division and case type: CivilCivil Appeal
…The appeal was filed against three judges of the Supreme Court of Trinidad and Tobago.…
…(see Vinson v The Prior Fibres Consolidated Ltd (1906) W N 209 Supreme Court Practice 1993 Vo P 332 para 18/19/2, and Riches v Director of Public Prosecutions [1973] 2 All ER 935).…
Division and case type: CriminalCriminal Appeal
…Rao referred us to the objects of the 1959 Bill which was stated [as regards section 361 (7) as follows:- “Clauses 38 and 39 make important provisions as to appeals to the Court of Appeal from judgments of the Supreme Court…
Division and case type: CivilCivil Suit
…earlier in Shah Bharmal v Santosh Kumari [1961] EA at p 681, Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme…
…Court, the mistake of a legal adviser could amount to sufficient cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…
Division and case type: CivilCivil Case
…earlier in Shah Bharmal v Santosh Kumari [1961] EA at p 681, Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme…
…Court, the mistake of a legal adviser could amount to sufficient cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…
Division and case type: CivilCivil Appeal
…Saldanha (3), Kenya Supreme Court (Mombasa) Civil Case No. 243 of 1953, (unreported), where the scope and general purpose of procedure by way of originating summons were being considered: 'Such procedure is primarily designed…
Division and case type: CriminalCriminal Case
…In the case of Samuel Kamau Macharia & another v Kenya Commercial Bank Ltd & 2 others [2012] eKLR, the Supreme Court stated thus - “[68A] A Court’s jurisdiction flows from either the Constitution or legislation or both.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…The respondent urged that the High Court had no jurisdiction to intervene in a matter that had already been decided by the Court of Appeal; that as stated by the Supreme Court in Samuel Kamau Macharia & Another -vsKenya Commercial…
Division and case type: Constitutional and Human RightsJudicial Review
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Appeal
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Appeal
…Court and practice of the High Court.…
…It was said that, so long as the rules are silent on third-party matters, by that rule the provisions of the Rules of the Supreme Court with regard to third-party procedure are imported.…
Division and case type: Constitutional and Human RightsElection Petition
…In that case the Court of Appeal was urged to find that a previous decision of a differently constituted division of the court in A.G vs Jones [1990] 2 All ER 636 as regards the construction of section 42 of the Supreme Court…
Division and case type: CivilCivil Appeal
…was stated that “your petitioner has telegraphed to his attorney’s in Cape Town, requesting them to lodge a petition on his behalf….a has at the same time advised them that the usual warrant authorizing proceedings in the Supreme…
…Court has been posted.…
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.…