Case law
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Division and case type: CivilCivil Case
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Appeal
…He contended that the order made by Lakha, J.A. was erroneously recorded and under a misapprehension of the true position and in excess of jurisdiction.…
Division and case type: CivilCivil Appeal
…unqualified person shall act as an advocate, or as such cause any summons or other process to issue, or institute, carry on or defend any suit or other proceedings in the name of any other person in any court of civil or criminal jurisdiction…
Division and case type: CivilCivil Case
…This jurisdiction is one which, as the Court of Appeal for East Africa observed in Giella vs Cassman Brown Ltd [1975] EA 358 must be exercised judicially and in accordance with the well known principles.…
Division and case type: CivilCivil Suit
…error on the part of an advocate (which would, of course, include that of his clerk) did not amount to sufficient reason for extending time to file the memorandum and record of appeal, and that consequently the court had no jurisdiction…
Division and case type: CivilCivil Case
…error on the part of an advocate (which would, of course, include that of his clerk) did not amount to sufficient reason for extending time to file the memorandum and record of appeal, and that consequently the court had no jurisdiction…
Division and case type: CivilCivil Appeal
…In some Commonwealth jurisdictions, such right is vested in the chief Justice or some other statutorily designated body or entity.…
…Even courts whose jurisdiction is inferior to this Court and who are ordinarily bound under our doctrine of stare decisis, have consistently defied rather than followed it.…
Division and case type: CivilCivil Appeal
…Section 115 vests all Trust land in the county council within whose area of Jurisdiction the land is situated. Section 117 authorises county councils to set apart Trust land required for use and occupation.…
…at any time after thirty days from the service of the land notice bring proceedings for the recovery of the land in the Resident Magistrate's Court, if the value of the land falls within the limits of that court’s civil jurisdiction…
Division and case type: CivilCivil Appeal
…This particular suit was subsequently dismissed on 14th June, 1994 for want of jurisdiction.…
Division and case type: CivilCivil Case
…Section 59 (1) of the Registered Land Act gives the Court jurisdiction to grant the tenant relief from forfeiture. In any case courts of equity grant relief against forfeiture for non-payment of rent.…
Division and case type: CivilCivil Appeal
…The jurisdiction ought only to be exercised in proper cases. ..…
Division and case type: CivilCivil Appeal
…(e) Costs and interest (f) The Honourable Court be pleased to make any orders deemed fitting within its inherent jurisdiction.…
Division and case type: CivilCivil Case
…bear comparison with the facts of the one before the court, and they otherwise bear a reasonable measure of similarity to it, Kenya decisions should be used to the exclusion of the others, save those from a neighbouring jurisdiction…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…Prohibition is a relief that is only available where an inferior court or tribunal or a public authority like the Council, is proposing to adjudicate upon or determine a matter which is not within its jurisdiction.…
…individual personal capacities, not being an inferior court or tribunal or a public authority, neither the Council nor the other defendants are proposing to adjudicate upon or determine a matter which is not within their jurisdiction…
Division and case type: CivilCivil Appeal
…There has been an irregularity in the pleadings but this Court will not usually interfere with a judgment if it is satised that there has been no failure of justice or lack of jurisdiction.…
Division and case type: CivilCivil Appeal
…This court on 8th June, 1990 allowed the appeal against the decision of Rauf J., recalled the plaint and exercising its powers under section 3(2) of Appellate Jurisdiction Act (Cap 9) ordered amendment thereof.…
Division and case type: CivilCivil Case
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…