“"jurisdiction"” — court decisions

Judgment[1997] KECA 25217 November 1997

A RED IMPEX GENERAL SERVICES vs DA v ID ANUNDA T

Judgment[1997] KEHC 4418 May 1997

KARL JENNING v ALI LIWALI

High Court at MombasaJudgement without directing the defendant either to furnish,security or to appear,show cause why he should not furnish security breached orderCIVIL CASE NO. 630 OF 1996

Division and case type: CivilCivil Case

…Affidavit or otherwise that the defendant with intent to obstruct or delay the execution of any decree that may be passed against him is about to remove the whole or any part of his property from the local limits of the jurisdiction…

…That is because there is now sufficient proof that after the filing of the first application which sought the attachment of 5 trucks and their trailers, two of those trailers and trucks were spirited away from the jurisdiction…

5 min read

Judgment[1997] KECA 40225 May 1997

MARY WAMBUI KABUGU v KENYA BUS SERVICE LIMITED

Court of Appeal at NairobiRingera,JUDGE APPEAL,Russell,England,Skingsley,Njuguna,WaiguaCase number Civil Appeal 195 of 1995

Division and case type: CivilCivil Appeal

…Jurisdiction of our courts is conferred by statutes and the High Court, for instance, does not have the jurisdiction to sit on appeal against decisions of the same court.…

…There is no jurisdiction donated under the Limitation of Actions Act to interfere with leave given under section 28 of the Act.…

31 min read

Judgment[1997] KECA 39817 August 1997

Solomon K. Njuguna v Kenya Savings & Mortgages Ltd & another

Court of Appeal at NairobiJUDGE APPEAL,Onyango,Khaminwa,KiageCase number Civil Appeal 53 of 1996

Division and case type: CivilCivil Appeal

…Secondly, that even if he had jurisdiction to entertain the application, the circumstances preceding and subsequent to the order and judgement which were sought to be vacated militated against granting the orders sought.…

…An issue of jurisdiction of the superior court to entertain the application to set aside was raised before the Judge in the court below, but because neither Counsel appearing in this matter commented on the issue nor was…

13 min read

Judgment[1997] KECA 18517 July 1997

AMOS ONDISO ORARO & 3 OTHERS v REPUBLIC

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCRIMINAL APPEAL NO.34 OF 1997

Division and case type: CriminalCriminal Appeal

…No.23 of 1991 (unreported), in altering the finding in an appeal against conviction and substituting therefor a conviction for an offence other than that charged, the High Court in its appellate jurisdiction can only act…

…It would appear to us therefore that the first appellate court in the appeal before us had no jurisdiction to substitute the appellants' conviction in the first and second counts referred to earlier in this judgment from…

appeal failsDismissed7 min read

Judgment[1997] KECA 42417 July 1997

Oraro & 3 others v Republic

Court of Appeal at MalindiAng,Waki,JUDGE APPEALCriminal Appeal 34 of 1997

Division and case type: CriminalCriminal Appeal

Appeal dismissedDismissed7 min read

Judgment[1997] KECA 53 June 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEALCase number Civil Application 372 of 1996

Division and case type: CivilCase number Civil Application

…For this reason Tunoi, JA, concluded that as a single Judge of this Court, he had no jurisdiction to “sit in judgment of the decisions of Omolo, JA and of the full bench”.…

3 min read

Judgment[1997] KECA 19620 October 1997

Machakos Ranching Company Limited v Joseph Kyalo Mutiso & another

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Joseph Kyalo Mutiso,Waema Itumo Muoka,Mwangangi,MasikaCivil Appeals numbered 96 of 1996

Division and case type: CivilCivil Appeals numbered

…Want of compliance with Procedural rules (unless fundamental and going to the jurisdiction of this court) do not and cannot call for striking out of an application of the kind that is before me.…

4 min read

Judgment[1997] KECA 31025 November 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCase number Civil Application 372 of 1996

Division and case type: CivilCivil Case

…applied by the motion before me for an order for extension of time to file the notice of appeal although it is debatable whether in the circumstances of this case I can grant such a request in view of S.7 of the Appellate Jurisdiction…

appeal is struck outDismissed5 min read

Judgment[1997] KEHC 1222 January 1997

In Re Kenya National Trading Corporation Ltd [1997] KEHC 12 (KLR)

High Court at Nairobihearing of the petition as mandatorily required by lawCase number Winding Up Cause 3 of 1996

Division and case type: Constitutional and Human RightsPetition

…It is urged that jurisdiction to rescind a winding up order is well recognised under the Companies Act. The order can be rescinded if application made promptly and before the order is perfected.…

6 min read

Judgment[1997] KECA 26314 October 1997

Kenya Cement Marketing Limited v James G.K. Njoroge t/a Baraka Tools and Hardware

Court of Appeal at Nairobijudge should excused Mr,judge Mr,JUDGE APPEAL,Justice,James,Wamalwa,Wamalwa Mr,Ibrahim,Ibrahim asking MrCase number Civil Appeal 75 of 1997

Division and case type: CivilCivil Appeal

…(e) Costs and interest (f) The Honourable Court be pleased to make any orders deemed fitting within its inherent jurisdiction.…

appeal is hereby allowedAllowed12 min read