Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
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: 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: 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: 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…
Division and case type: CivilCivil Appeal
…2006 to apply or judicial review order of certiorari to quash the Resident Magistrate’s order of 6th March 2006 in CMCC number 817 of 2006 restraining the Respondent from selling the vehicle as the same was given without jurisdiction…
…Both the applications which had been served upon the Appellant’s advocate were fixed for hearing on 30th march 2006 before the Principal Magistrate who had jurisdiction in the matter.…
Division and case type: CivilCivil Case
…Mr Nagpal was of the view that parties cannot by agreement confer jurisdiction on the Court where none exists.…
…What I understood him to be saying , although he denied it, was that the Court had no jurisdiction to make the order dated 24th September, 1976, because by then there was no suit the same having abated.…
Division and case type: CivilCivil Case
…So that in the defence and counter-claim, the defendant pleads that the Business Premises Tribunal has no jurisdiction to deal with the dispute between it and the plaintiff while for the purposes of resisting the plaintiff…
…’s application for summary judgment the defendant contends that the Tribunal has jurisdiction and “there are triable issues in the matter to be heard” before the Tribunal.…
Division and case type: CivilCivil Case
…Counsel submitted that until the issue is dealt with under the Advocates Act the police are usurping the power given by statute to another body and have no jurisdiction to charge an advocate before the proper procedure is…
…authorities and the facts of this application I am convinced that this Court is empowered to grant orders sought the decision to charge the applicant on material laid before the Court is oppressive in bad faith and in excess of jurisdiction…
Division and case type: CivilCivil Case
…Advocates should not leave their practices to go out of jurisdiction without adequate and appropriate arrangements as to the handling of their clients’ affairs, as happened in this matter.…
Division and case type: CivilCivil Case
…I accordingly hold that I have no jurisdiction to entertain the plaintiff’s claim and I dismiss it.…
Division and case type: CivilCivil Appli
…"It will fetter the jurisdiction of the Commission. That the participation of LSK will hamper the progress of the 3.…
…About the Attorney General appearing as Counsel to theCommission, this depends on different jurisdictions. Inplaces like Province of Victoria in Australia that function isfulfilled by an independent council.…
Division and case type: CivilCivil Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Suit
…January 27, 1975 from the district magistrate to the Registrar of the High Court in Nairobi asking him to refund some fees to the plaintiff in the suit in that court because “the case was withdrawn as ‘his’ court had no jurisdiction…