Search court decisions

…In discharging that primary duty a land control body must act judicially and within its jurisdiction, and is subject to the controlling jurisdiction of the High Court exercised through a writ of certiorari.…

…It will consider the following grounds: (a) Want or excess of jurisdiction; (b) denial of natural justice; (c) errors on the face of the record.…

…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.…

…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.…

…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.…

…up rules is jurisdiction relating to winding up of companies.…

…, it would have the effect of bringing a third person before a winding up court and forcing him to submit to the jurisdiction of the winding up court, whose jurisdiction is ex hypothesi limited to winding up matters.…

…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.…

…The respondent, a judge, holding administrative office of Chief Justice while executing his judicial duties in Court or in execution of his administrative duties within the jurisdiction, enjoys absolute privilege from being…

…It was then that the appellant, acting upon the instructions of his client, requested the respondent in his capacity as Chief Justice, and exercising the jurisdiction conferred on him as such, to constitute a bench of five…

…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…

…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…

…Moreover, he is beyond the jurisdiction.…

…Mr Khanna submitted, and we agree, that the High Court’s jurisdiction to granted representation is contained in sections 53 and 54 of the Law of Succession Act (cap 160).…

…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…

…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…

…deceased by a special order of the court if this is proper but Mr Khanna, for all the appellants, said that these proposals were put forward as manifesting the appellants’ good faith, but that he doubted whether this court had jurisdiction…

…Moreover, he is beyond the jurisdiction.…

…deceased by a special order of the court if this is proper but Mr Khanna, for all the appellants, said that these proposals were put forward as manifesting the appellants’ good faith, but that he doubted whether this court had jurisdiction…

…Moreover, he is beyond the jurisdiction.…

…It was submitted that he had no jurisdiction to let it go forth because he was functus officio quoad the injunction. He could not sit on appeal from his own refusal to grant one.…

…The applicant’s reply was that the trial judge had jurisdiction to preserve the subject matter of the dispute until the appeal was concluded. He knew all along the relevant facts and law.…

…It was submitted that he had no jurisdiction to let it go forth because he was functus officio quoad the injunction. He could not sit on appeal from his own refusal to grant one.…

…The applicant’s reply was that the trial judge had jurisdiction to preserve the subject matter of the dispute until the appeal was concluded. He knew all along the relevant facts and law.…

…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.…

…Secondly, that even if he had jurisdiction to entertain the application, the circumstances preceding and subsequent to the order and judgement which were sought to be vacated militated against granting the orders sought.…

…An issue of jurisdiction of the superior court to entertain the application to set aside was raised before the Judge in the court below, but because neither Counsel appearing in this matter commented on the issue nor was…

…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…

…NO. 402 OF 1985) ************ RULING OF THE COURT The judgment appealed against decided that the superior court had no jurisdiction to entertain the appeal filed before it.…

…Whilst an appellate court has jurisdiction to review the evidence to determine whether the conclusions of the trial judge should stand, this jurisdiction is exercised with caution; if there is no evidence to support a particular…