Case law
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Division and case type: CivilCivil Case
…The appellant pleaded that the court had no jurisdiction to try the case but he was overruled by the resident magistrate.…
…In this instant case the 1st defendant society bought Karanjee farm and presumably had jurisdiction to subdivide it and allocate the resultant plots to its members.…
Division and case type: CivilCivil Case
…In his oral submissions before me Mr Masese even argued that the court has no jurisdiction to entertain the claim under the said Act.…
…It was also argued that the court had no jurisdiction to entertain this suit because the alleged sub-tenancy is a controlled tenancy.…
Division and case type: CivilCivil Suit
…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…
…This Court has, therefore, the jurisdiction to handle this case. I now turn to the merits of the application. The claim is liquidated.…
Division and case type: CivilMiscellaneous Application
…He must also demonstrate that this court has jurisdiction to entertain the proceedings. 3.…
…In the Tribunal, he can challenge its jurisdiction.…
Division and case type: CivilCivil Case
…The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…
…It is to this jurisdiction that the defendants stated that this court has no powers to entertain. The plaintiff, they claim have come first to the wrong court.…
Division and case type: CivilCivil Suit
…In opposition of the said application the defendant’s advocate has taken a preliminary point that the court has no jurisdiction to try this suit as it is instituted prematurely and in contravention of the Architects and Quanitity…
…The defendant’s advocate in the course of his submission did not argue that the court had no jurisdiction although it is there in his written statement of opposition to the substantive application.…
Division and case type: CivilMiscellaneous Application
…Section 8(1) of the Act enjoins that High Court shall not in the exercise of its civil or criminal jurisdiction issue any order of prerogative writs of mandamus prohibition or certiorari.…
…Mr Mwenesi urges me to exercise my jurisdiction under o 49 r 5 whereby I am empowered to enlarge time.…
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 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: 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: 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
…They had no jurisdiction to sit in judgment respecting the suit land.…
Division and case type: CivilCivil Case
…But this jurisdiction is a delicate one which will only be exercised with great caution and only in the clearest of cases.…
Division and case type: CivilCivil Suit
…His conclusion was based on the fact that he was acquitted by a Court of competent jurisdiction of the offence of theft of the tyre and was therefore completely exonerated from blame.…
Division and case type: CivilCivil Suit
…Mr Sampson also quoted from Lee vs Showman’s Guild of Great Britain [1976] 1 All ER 1175 in which it was held that the courts have jurisdiction to examine any decision of a domestic tribunal which involved a question of law…
…For myself, I should be very slow to make any such order on motion, though in a clear and compelling case there is no doubt jurisdiction to do so. I do not think that this is a case of that sort.…
Division and case type: CivilCivil Case
…The foundation for this jurisdiction is the right of property vested in the member of which he is unjustly deprived by the unlawful expulsion” It seems to me therefore that an important factor which will make the courts interfere…
Division and case type: CivilCivil Case
…The court suo motu, and in exercise of its inherent jurisdiction joined XZIT LTD as a party in the suit and extended the injunction to cover it.…
Division and case type: CivilCivil Appeal
…The only document which mentioned any limitation was debit note No.1863 which indicated: “limitation as to use”: cv1 Clause: Jurisdiction 3rd party only new and young drivers Kshs.3,000/= excess on all claims Kshs.5,000/=…