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…That may stem from the optional procedure of a suit for a declaration or an originating summons for a declaration which obtained in England before 1964. order 54A of the Rules of the Supreme Court directly provided for a…

…Reading order 7/1-7/1 of the Supreme Court Practice 1973 at page 58, order 54 A was revoked in 1962 and not replaced.…

…He submitted that this is a rule of procedure of the Supreme Court of England, which our High Court is adopting, by virtue of section 5 of the Judicature Act, Chapter 8, Laws of Kenya.…

…As the Supreme Court requires that an application be made to a judge in chambers, I consider that the rule is not inconsistent with the provisions of our order XXXIX rule 9 of the Civil Procedure Rules.…

…That law and procedure was contained in the Supreme Court Act 1981 and the Rules of the Supreme Court (1988 Supreme Court Practice) Order 75.…

…Supreme Court Act 1981 [UK] sections 20, 20(1)(a), 20(2)(a-s), 21(4), 21(4)(b) 2. Rules of the Supreme Court 1988 [UK] order 7 rules 5, 5(4), 5(5), 5(9); para 9; order 75 para 75/1/3; order 12 rule 3.…

…We take note of the Supreme Court of Kenya’s decision in Francis Karioko Muruatetu & Another v Republic SC Petition No. 15 as consolidated with Petition No. 16 of 2015 (the Muruatetu decision) in which the Supreme Court held…

…Court case was applied to this provision, it too should be considered unconstitutional on the same basis… Needless to say, pursuant to the Supreme Court’s decision in Francis Karioko Muruatetu & another v Republic (supra…

…As long ago as November 10, 1933 Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER…

…The Judicial elevation talked of here sprang from the decision of the Canadian Supreme Court in the Case of THE QUEEN V DRYBONES (1970) S.C.R. 282 where the Court interpreted Section 2 of the Bills of Rights (similar to our…

…Pylee in his Constitution of the World said; - “The US Supreme Court showed the way as to how the Constitution should be adopted to various crises of human affairs.”…

…Rules of the Supreme Court [UK] JUDGMENT 1.…

…The views of Hancox JA in which he leaned towards a liberal construction were not essential to the decision, were not expressly shared by the majority and were based on the rules of the Supreme Court of England which do not…

…(a) The point is now concluded by the decision of the Supreme Court, in Manohur Lal Chopra v Seth Hira Lal (b) wherein it has been held that the Court has powers under s 151 to issue an injunction in cases not falling within…

…The Supreme Court was divided on this.…

…arrogate itself of jurisdiction that it does not have, Moreover, Article 165(5) (b) expressly bars this Court from hearing and determining disputes which are reserved for the Courts contemplated in Article 162(2) and the Supreme…

…Court. 6.…

…Mr Khaminwa adopted the above submissions made by Mr Imanyara and added that what was relevant to the present proceedings was order 52 of the Supreme Court Rules and the relevant sections thereof and not any section of the…

…That was, he said, a matter of summary judgment under the English Rules of the Supreme Court. Security was being asked for in that connection. Here judgment had been given the respondent had acquired rights.…

…In England, by order 62 rule 28A of The Rules of The Supreme Court Parliament has provided an exception to the principle that by an award of costs a successful party is only to be indemnified against costs which he has incurred…

…The enforcement of the exclusive jurisdiction clause is shown to be “unreasonable” under the circumstances – per Chief Justice Burger of the United States Supreme Court in The Chaparral [1972] 2 Lloyd’s Rep 315. D.…

…Court Chaparral case (supra).…

…It is true that the decision ultimately turned on this point and equally true that the contention might not be good after the passing of the Supreme Court of Judicature Act, 1873, enjoining common law courts to take into…

…The appeal was filed against three judges of the Supreme Court of Trinidad and Tobago.…

…(see Vinson v The Prior Fibres Consolidated Ltd (1906) W N 209 Supreme Court Practice 1993 Vo P 332 para 18/19/2, and Riches v Director of Public Prosecutions [1973] 2 All ER 935).…

…I need not emphasize the fact that in Chogley vs Bains the matters had gone to the then court of appeal from the rent control board via the High Court (then Supreme Court).…

…Rao referred us to the objects of the 1959 Bill which was stated [as regards section 361 (7) as follows:- “Clauses 38 and 39 make important provisions as to appeals to the Court of Appeal from judgments of the Supreme Court…

…earlier in Shah Bharmal v Santosh Kumari [1961] EA at p 681, Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme…

…Court, the mistake of a legal adviser could amount to sufficient cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…

…earlier in Shah Bharmal v Santosh Kumari [1961] EA at p 681, Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme…

…Court, the mistake of a legal adviser could amount to sufficient cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…