Search court decisions

…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…

…Jurisdiction is not the same thing as procedure. Procedural rules do not bestow jurisdiction”.…

…There is no allegation that the respondents’ suit was wrongly filed in the Magistrate’s Court; in other words, it is not alleged that the magistrate has no jurisdiction to try the respondents’ case.…

…counterclaim was “filed” in a Court without jurisdiction and accordingly this Court has no jurisdiction to transfer it.…

…The defendant, through Ms BEN OCHIENG & CO ADVOCATES, filed a defence in which he pleaded that this court has no jurisdiction to hear and determine this suit or to grant the reliefs sought by the plaintiff pursuant to the…

…Kithi has submitted that the High Court, pursuant to the provisions of Section 60 of the Constitution, has unlimited civil jurisdiction and therefore that the suit is not incompetent.…

…The second one is that this Court lacks jurisdiction to entertain the application. Mr.…

…The result was that the application is presently grounded on the inherent jurisdiction of the Court. Two issues are raised by the application. Firstly whether this Court possesses the jurisdiction to entertain it.…

…Affidavit or otherwise that the defendant with intent to obstruct or delay the execution of any decree that may be passed against him is about to remove the whole or any part of his property from the local limits of the jurisdiction…

…That is because there is now sufficient proof that after the filing of the first application which sought the attachment of 5 trucks and their trailers, two of those trailers and trucks were spirited away from the jurisdiction…

…2006 to apply or judicial review order of certiorari to quash the Resident Magistrate’s order of 6th March 2006 in CMCC number 817 of 2006 restraining the Respondent from selling the vehicle as the same was given without jurisdiction…

…Both the applications which had been served upon the Appellant’s advocate were fixed for hearing on 30th march 2006 before the Principal Magistrate who had jurisdiction in the matter.…

…Mr Nagpal was of the view that parties cannot by agreement confer jurisdiction on the Court where none exists.…

…What I understood him to be saying , although he denied it, was that the Court had no jurisdiction to make the order dated 24th September, 1976, because by then there was no suit the same having abated.…

…So that in the defence and counter-claim, the defendant pleads that the Business Premises Tribunal has no jurisdiction to deal with the dispute between it and the plaintiff while for the purposes of resisting the plaintiff…

…’s application for summary judgment the defendant contends that the Tribunal has jurisdiction and “there are triable issues in the matter to be heard” before the Tribunal.…

…_________ RULING OF THE COURT HANCOX, J A It has been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of the court appealed form, is a matter going to jurisdiction…

…Counsel submitted that until the issue is dealt with under the Advocates Act the police are usurping the power given by statute to another body and have no jurisdiction to charge an advocate before the proper procedure is…

…authorities and the facts of this application I am convinced that this Court is empowered to grant orders sought the decision to charge the applicant on material laid before the Court is oppressive in bad faith and in excess of jurisdiction…

…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…

…In that case there had been a delay of a few days caused by the mistake of a legal adviser, and the Court of appeal held that it was a proper case for them to exercise their jurisdiction to grant leave. …….. having drawn…

…Sec 3A of the Act which replaces section 97, concerns the inherent jurisdiction. The originating summons can only be used as the omnibus carrying all inherent matters within it, if provision is so made.…

…Where a question of jurisdiction is concerned, this court must take it up, whether or not the point was raised below.…

…Advocates should not leave their practices to go out of jurisdiction without adequate and appropriate arrangements as to the handling of their clients’ affairs, as happened in this matter.…

…I accordingly hold that I have no jurisdiction to entertain the plaintiff’s claim and I dismiss it.…

…"It will fetter the jurisdiction of the Commission. That the participation of LSK will hamper the progress of the 3.…

…About the Attorney General appearing as Counsel to theCommission, this depends on different jurisdictions. Inplaces like Province of Victoria in Australia that function isfulfilled by an independent council.…

…The judge was not deciding on an application to set aside the judgment and so he had no jurisdiction to set aside that judgment. The plaintiff’s suit could not be dismissed as liability had been admitted.…

…That provision is the jurisdiction for us here doing what the High Court has not done. First, some words as to the issue of negligence.…

…The idea of providing the parties with the best construction or interpretation of documents, is akin to the principle that where a matter of law is involved, especially one of jurisdiction; it should generally be dealt with…

…That is merely a matter of construing the contracts, and therefore this case is distinguishable from Privy Council decisions referred to us, affecting other jurisdictions.…

…cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation to the procedure laid down in the rule; in other words, the Court has no jurisdiction…