Case law
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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: Constitutional and Human RightsPetition
…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: 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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…Appeal decision in Owners of the Motor Vessel “Lillian S’ -vsCaltex Oil (Kenya) Ltd [1989] KLR, wherein it was held that jurisdiction is everything and that where a court lacks jurisdiction it must down its tool.…
…Bank and 2 Others (2012) eKLR jurisdiction can only be conferred by the Constitution or statute; and that neither the Constitution nor any other law granted the High Court jurisdiction to intervene in the manner sought by…
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.…
Division and case type: CriminalCase number Criminal Application
…Mr Imanyara’s objections mainly were that section 5 of the Judicature Act (cap 8) had given a special jurisdiction in relation to contempt proceedings.…
…and procedure followed in England, it is to be noted that criminal contempt in England is a common law misdemeanour which may be dealt with either on indictment in accordance with ordinary criminal procedure or under the jurisdiction…
Division and case type: CivilCivil Appeal
…The respondent, a judge, holding administrative office of Chief Justice while executing his judicial duties in Court or in execution of his administrative duties within the jurisdiction, enjoys absolute privilege from being…
…It was then that the appellant, acting upon the instructions of his client, requested the respondent in his capacity as Chief Justice, and exercising the jurisdiction conferred on him as such, to constitute a bench of five…
Division and case type: CivilCivil Appeal
…Moreover, he is beyond the jurisdiction.…
…Mr Khanna submitted, and we agree, that the High Court’s jurisdiction to granted representation is contained in sections 53 and 54 of the Law of Succession Act (cap 160).…
Division and case type: CriminalMiscellaneous Criminal Application
…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.…
Division and case type: CivilCivil Appeal
…A passage from Buckley LJ’s judgment was in fact referred to by the judge in this case and it is as follows: ‘It has been recognised that the jurisdiction of the court to stay an action in limine as an abuse of process is…
…a jurisdiction to be exercised with great circumspection, and exactly the same consideration must apply to a‘quia timet injunction to restrain commencement of proceedings.…
Division and case type: CivilCivil Case
…cited various Indian cases in support of his proposition that where in a rule the procedure to be adopted for a remedy is excluded, except in relation to the procedure laid down in the rule; in other words, the Court has no jurisdiction…
Division and case type: CivilCivil Case
…error on the part of an advocate (which would, of course, include that of his clerk) did not amount to sufficient reason for extending time to file the memorandum and record of appeal, and that consequently the court had no jurisdiction…
Division and case type: CivilCivil Appeal
…In some Commonwealth jurisdictions, such right is vested in the chief Justice or some other statutorily designated body or entity.…
…Even courts whose jurisdiction is inferior to this Court and who are ordinarily bound under our doctrine of stare decisis, have consistently defied rather than followed it.…
Division and case type: CivilCivil Appeal
…This Court obviously has jurisdiction to discharge its own order of injunction or stay.…
Division and case type: CivilCivil Appeal
…MUIRU GIKANGA & ANOTHER, [1965] E.A. 735 at pages 738 and 739 where after setting out the provisions of regulation 4 of the Kenya (Jurisdiction of Courts and Pending Proceedings), Regulations, 1963 which is similar to section…