Case law
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Division and case type: CivilCivil Case
…He submitted that this is a rule of procedure of the Supreme Court of England, which our High Court is adopting, by virtue of section 5 of the Judicature Act, Chapter 8, Laws of Kenya.…
…As the Supreme Court requires that an application be made to a judge in chambers, I consider that the rule is not inconsistent with the provisions of our order XXXIX rule 9 of the Civil Procedure Rules.…
Division and case type: CivilMiscellaneous Application
…The Judicial elevation talked of here sprang from the decision of the Canadian Supreme Court in the Case of THE QUEEN V DRYBONES (1970) S.C.R. 282 where the Court interpreted Section 2 of the Bills of Rights (similar to our…
…Pylee in his Constitution of the World said; - “The US Supreme Court showed the way as to how the Constitution should be adopted to various crises of human affairs.”…
Division and case type: CivilMiscellaneous Application
…arrogate itself of jurisdiction that it does not have, Moreover, Article 165(5) (b) expressly bars this Court from hearing and determining disputes which are reserved for the Courts contemplated in Article 162(2) and the Supreme…
…Court. 6.…
Division and case type: CivilCivil Case
…It is true that the decision ultimately turned on this point and equally true that the contention might not be good after the passing of the Supreme Court of Judicature Act, 1873, enjoining common law courts to take into…
Division and case type: CivilCivil Appeal
…I need not emphasize the fact that in Chogley vs Bains the matters had gone to the then court of appeal from the rent control board via the High Court (then Supreme Court).…
Division and case type: Constitutional and Human RightsPetition
…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: COMMERCIAL DIVISIONJudicial Review
…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: CivilCivil Case
…I know that the Rules of the Supreme Court do not prescribe any summary procedure such as Ord 14 does for judgment or Ord 86 for specific performance. But that is no obstacle.…