Case law
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Division and case type: Milimani Commercial CourtsUnclassified
…Although Section 3(2) of the Magistrate’s Court Act confers countrywide jurisdiction to a resident magistrate’s court, in civil cases such jurisdiction is exercised subject to the limitation to the said court’s jurisdiction…
…transfer a suit from a court which is seized of it but has no jurisdiction to determine it to a court vested with jurisdiction.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The courts jurisdiction has not been properly invoked as order 5 [1] Rule 7 of the Civil Procedure Rules is applicable only where summons expire before they are served upon the defendant. 2.…
…This honorable court lacks jurisdiction to issue the orders as sought. 3. The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Mr Chunga argued that prohibition can only issue if the subordinate Court acts in excess or lack of jurisdiction. With respect this is not a correct statement of the law.…
…Lord Selbourne said, p 214: “The power seemed to be inherent in the jurisdiction of every Court of Justice to protect itself from the abuse of its own procedure.”…
Division and case type: Milimani Commercial CourtsCivil Case
…That would mean that this court has no jurisdiction in this matter which must go to the Business Premises Rent Tribunal. Nor can possession be obtained except as provided under cap 301.…
…It is therefore necessary to consider this case in terms of my equitable jurisdiction in respect of which the following considerations apply: (1) There is no dispute between the parties, and clear authority has been quoted…
Division and case type: Milimani Commercial CourtsCivil Case
…That first Defendant be served by facsimile and or e-mail or as this Honourable Court may direct as the first Defendant is not within jurisdiction. 9.…
…(Supra) is the locus classicus in the grant of interlocutory injunctions within our jurisdiction.…
Division and case type: Milimani Commercial CourtsElection Petition
…hearing the Petition which is a strange application not least because the court is not being asked directly to recuse itself but rather the honourable the Chief Justice is being called upon to intervene on some undefined jurisdiction…
…I have no jurisdiction to grant prayers 2 and 3 of the application dated 10th November, 2011 and filed on 11/11/2011 and in any event those prayers cannot have been directed to this court.…
Division and case type: Milimani Commercial CourtsCivil Case
…In my discernment of the law, whether the parties marriage is customary or statutory, the preponderance of authority in this jurisdiction leads me to the conclusion that the wife is likely to prevail at the trial in her contention…
Division and case type: Milimani Commercial CourtsCivil Case
…Mr Nowrojee drew my attention to section 56 to 62 of the Trustee Act, chapter 167 which, in effect, give court, the jurisdiction to authorize dealings with trust property but with the important proviso in section 62 which…
Division and case type: Milimani Commercial CourtsCivil Case
…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the jurisdiction…
Division and case type: Milimani Commercial CourtsCivil Case
…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the jurisdiction…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…It was contended by the applicant that the Taxing Officer had acted in excess of her jurisdiction.…