Case law
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Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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).…
Division and case type: CivilMiscellaneous Application
…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).…
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
…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.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…