Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Analysis (a) The Question o f Jurisdiction 42. The 1st respondent submitted that this Court has no jurisdiction to entertain the Notice of Motion.…
…In each of those decisions, the Court has considered dierent angles of the jurisdictional question.…
Division and case type: CriminalCriminal Appeal
…Notwithstanding the provisions 4 of the said Code, I am of the view that a court which has no power to impose a minim sentence required by the penal provisions cannot have jurisdiction to try and determine the offence under…
…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…
Division and case type: CriminalCriminal Appeal
…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
Division and case type: CriminalCriminal Appeal
…The issue of identification raised by the appellant took away his appeal from the provisions of section 352(2) and the learned Judge had no jurisdiction to summarily dismiss the appeal under that section.…
Division and case type: CriminalCriminal Appeal
…The issue of identification raised by the appellant took away his appeal from the provisions of section 352(2) and the learned Judge had no jurisdiction to summarily dismiss the appeal under that section.…
Division and case type: CivilCivil Appeal
…Kuloba, J overruled the preliminary objections raised inter alia, on the grounds that he, having no jurisdiction to hear an appeal against the order of Oguk, J setting aside the stay of proceedings, he could not even if he…
…His reason for doing this, inter alia, and which we find wholly untenable, was that the jurisdiction of his Court could not be ousted by “the simple devise of an unguardedly phrased arbitration clause”, which is well known…