Search court decisions

…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…

…Firstly, section 28 confers upon this court the jurisdiction to extend such responsibility.…

…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…

…Ultimately I would allow this appeal, set aside the lower court’s order and remit the case back to the same Court to be heard by another magistrate of competent jurisdiction with leave to appellant to file decree and defend…

…In reply counsel for the appellant stated that the issue of limitation is a matter of jurisdiction which can be raised at t any stage of the proceedings even on appeal.…

…Relying on the case of Brooke Bond Liebig (T) Ltd v Mallya (1975) EA 266 he submitted that the court had jurisdiction to set aside the current judgment even where the same was entered into in the presence of counsels and…