Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Reported by Kakai Toili Jurisdiction – jurisdiction of the High Court - admiralty jurisdiction of the High Court – what were the circumstances in which the admiralty jurisdiction of the High Court could be invoked - Judicature…
…The High Court did not have admiralty jurisdiction and the respondent was not entitled to invoke that jurisdiction. Per Kwach, JA 16.…
Division and case type: CriminalCriminal Appeal
…The appellant shall be presented before another magistrate of competent jurisdiction for retrial forthwith. Order accordingly Dated and delivered at Nairobi this 21st day of December, 1998. A.MBOGHOLI MSAGHA JUDGE…
Division and case type: CivilCivil Appeal
…It becomes clear that this was outside the monetary jurisdiction of the trial court.…
…None of the counsels appearing here and the court below pointed out the question of jurisdiction to the learned trial magistrate.…
Division and case type: CivilCivil Case
…The appellant pleaded that the court had no jurisdiction to try the case but he was overruled by the resident magistrate.…
…In this instant case the 1st defendant society bought Karanjee farm and presumably had jurisdiction to subdivide it and allocate the resultant plots to its members.…
Division and case type: CivilCivil Case
…In his oral submissions before me Mr Masese even argued that the court has no jurisdiction to entertain the claim under the said Act.…
…It was also argued that the court had no jurisdiction to entertain this suit because the alleged sub-tenancy is a controlled tenancy.…
Division and case type: CivilCivil Suit
…In the application before me they have raised the issue of the jurisdiction to entertain both the suit and the application relying on the arbitration clause.…
…This Court has, therefore, the jurisdiction to handle this case. I now turn to the merits of the application. The claim is liquidated.…
Division and case type: CriminalCriminal Appeal
…The appellant be allowed to go out of the jurisdiction of the court. And b.…
…pursuant to his appellate jurisdiction were to be deemed as orders made pursuant to his appellate jurisdiction and a second appeal to the Court of Appeal lay from such orders.…
Division and case type: CriminalCriminal Case
…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…
…Magolo indicated that they were challenging territorial jurisdiction.…
Division and case type: CivilCivil Appeal
…STRONG REASON The courts of this country have a discretion to assume jurisdiction over an agreement which is made to be performed in Kenya notwithstanding a clause therein conferring jurisdiction.…
…and Kenindia are already within the jurisdiction.…
Division and case type: CivilCivil Appeal
…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”.…
Division and case type: CriminalCriminal Appeal
…This matter raises the question whether the court has jurisdiction to entertain it.…
…We were much pressed by Mr Adala for the respondent to invoke the jurisdiction under rule 1(3) of the rules of this court. We do not consider it necessary to encumber this ruling citation of numerous authorities.…
Division and case type: CivilMiscellaneous Application
…He must also demonstrate that this court has jurisdiction to entertain the proceedings. 3.…
…In the Tribunal, he can challenge its jurisdiction.…
Division and case type: CivilMiscellaneous Civil Application
…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.…
Division and case type: CivilCivil Appeal
…Otherwise it had jurisdiction to hear and determine the case under section 159 of the Act, as the section was at that time.…
…It says that the senior resident magistrate, Nyeri, had no jurisdiction to determine a boundary dispute.…
Division and case type: CivilCivil Appeal
…of the Court and since the jurisdiction of this Court is founded on statute, it cannot be properly invoked unless the intending appellant strictly complies with its provisions.…
…Counsel said the objection merely raised a procedural point which this Court, in its inherent jurisdiction, can waive.…
Division and case type: CivilCivil Appeal
…of the Court and since the jurisdiction of this Court is founded on statute, it cannot be properly invoked unless the intending appellant strictly complies with its provisions.…
…Counsel said the objection merely raised a procedural point which this Court, in its inherent jurisdiction, can waive.…
Division and case type: CriminalCriminal Appeal
…So the present appeal to us is on sentence on which we would normally have no jurisdiction if the sentence on which we would normally have no jurisdiction if the sentence is lawful.…
…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…
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: CriminalCriminal Case
…There is no appeal from that finding and it is difficult for a court exercising revisionary jurisdiction to fault the lower court on a finding of a fact.…
…I think my proper jurisdiction in an issue of this kind is the one given by section 149(4) of Criminal Procedure Code – to remit or reduce a fine imposed by the lower court.…
Division and case type: CivilCivil Suit
…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…
…It is obvious that the suit violates the aforesaid provisions which expressly confer jurisdiction upon a District Magistrate’s Court to determine disputes such as the present.…