Judgment[2014] KESC 3
Case law
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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: 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…