Search court decisions

…It was urged that the magistrate misdirected himself in holding that the elders had no jurisdiction, that the magistrate should have held that all cases of trespass had to be heard by elders, that because the sale agreement…

…The appellants relied on section (1) of the Magistrates’ Courts Act, cap 10 which provides, “9A(1) Notwithstanding the provisions of sections 5 and 9 or of any other written law conferring jurisdiction, but subject to the…

…Consequently, the court found it lacked jurisdiction to grant leave and dismissed the application..…

…made - whether the six-month limitation period prescribed under section 9(3) of the Law Reform Act for filing an application for leave to apply for an order of certiorari was mandatory and absolute - whether the court had jurisdiction…

…shall be liable to be sued in any Court for the execution of any warrant order or process which he would have been bound to execute if within the jurisdiction of the person issuing the same.”…

…Those are Judge, magistrate or justice of peace and any other person acting judicially and who at the time of acting he acted in good faith believing he had jurisdiction to act.…

…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…

…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.…

…On sentence, we notice the learned judge reduced the period of police supervision to one of two years. the judge had no jurisdiction to do so as the law mandatorily sets down the period of police supervision at five years…

…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…

…This is a case in which the court, in my view, have had power to act under its inherent jurisdiction if the specific provisions of Order 9 rule 10 did not apply. (underlining is mine).…

…This being a second appeal, the jurisdiction of this Court is limited to consideration of matters of law only. We are in this regard guided by M’Riungu v Republic (1983)KLR 455.…

…Section 361 of the Criminal Procedure Code also provides that:- “361. (1) A party to an appeal from a subordinate court may, subject to subsection (8), appeal against a decision of the High Court in its appellate jurisdiction…

…Although this was not a ground of appeal before this court, nevertheless this court has a duty to invoke its inherent jurisdiction in the matter and prevent any act that may be caused by such irregularity.…

…This is a case in which the court, in my view, have had power to act under its inherent jurisdiction if the specific provisions of Order 9 rule 10 did not apply. (underlining is mine).…

…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…

…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…

…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…

…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…

…Section 382 of the Criminal Procedure Code states: “Subject to the provisions herein before contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed on appeal or revision on account…

…reminder to magistrates that it is the primary duty of a magistrate to satisfy himself that the section of the Penal Code, and I should add to that any other law, under which an accused is charged is correct before assuming jurisdiction…

…It may be, as the judge said, that the order was the logical result of the magistrate’s findings but this in our view did not give him jurisdiction to make the order.…

…explained in Amin Rasheed Shipping v Kuwait Insurance Co [1983] 1 All ER 873, Lord Wright’s observations were: “It is clear that the Court of Appeal should not interfere with the discretion of a judge acting within his jurisdiction…

…THAT the said parcel of land is situated in E Wanga location within the jurisdiction of this Honourable Court. 9. THAT I pray this honourable Court for orders as stated in paragraphs 5 and 6. 10.…

…The Lurambi African Court which heard the dispute between the 1st and 2nd respondents had jurisdiction to hear and determine land dispute. The issue before the court at the time was the ownership of the land.…

…Dr Shabbir Ahmed is of course, himself physically, beyond the reach, or jurisdiction, of this court, but he has submitted to it through his advocates whose address is his address for service.…