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…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.…

…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.…

…Notwithstanding the provisions 4 of the said Code, I am of the view that a court which has no power to impose a minim sentence required by the penal provisions cannot have jurisdiction to try and determine the offence under…

…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…

…S 30, under which the Appellant is charged relates to the jurisdiction of the Tribunal and does not create an offence. Probably the intention was to charge under S 29.…

…Whilst Opidi comes from a neighbouring jurisdiction, the argument in it is very powerful, and I find difficulty in departing from it. The result therefore is that the error in the charge in this case is incurable.…

…It follows therefore that a person aggrieved by the Attorney General’s termination of criminal proceedings may invoke the High Court’s judicial review jurisdiction.…

…By the fact alone of this quasi-judicial review character, it follows that an aggrieved person, by the Attorney General’s termination of criminal proceeding, may invoke the High Court’s Judicial Review jurisdiction.…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…

…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…

…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…

…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…

…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…

…At the commencement of the hearing of the said application, learned counsel for the applicant, Mr Shehmi, raised a preliminary point of law challenging the jurisdiction of the court in making a closing order under section…

…That being so, he submitted that the learned magistrate had no jurisdiction to issue a closing order in respect of the suit premises in as far as the business of the applicant was concerned.…

…a more recent nature as he had only bought the same from a third party.But whether his interest in the land is legally superior to that of the appellant can only be determined by a court of civil rather than of criminal jurisdiction…

…The applicant was aggrieved by the decision of the trial court and sought to invoke the jurisdiction of this court to review the said bond terms, which in his view was draconian, punitive and excessive.…

…The appellant to be re-tried by another magistrate of competent jurisdiction. If appellant is not serving any other sentence, to remain in remand pending re-trial.…

…The jurisdiction of the Court to entertain an application pursuant to section 84(1) is specific.…

…The applicant is obliged to bring his application within the ambit of that section before the Court can have jurisdiction to entertain and determine it.…

…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…

…Issue 1 The revisionary jurisdiction of this court is of a limited nature.…

…Section 382 of the Criminal Procedure Code states: “Subject to the provisions herein before contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed on appeal or revision on account…

…reminder to magistrates that it is the primary duty of a magistrate to satisfy himself that the section of the Penal Code, and I should add to that any other law, under which an accused is charged is correct before assuming jurisdiction…

…These principles are adopted by the High Court in its appellate jurisdiction.…

…The point is that in whatever jurisdiction, the court needs to know if the information it is given is right before it proceeds to sentence on the basis of it: and so the accused must accept it in terms, or it is to be proved…

…These principles are adopted by the High Court in its appellate jurisdiction.…