Search court decisions

…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…

…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…

…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…

…Ours is merely to say that in all the circumstances, the learned judge erred in summarily rejecting the appeal where he had no jurisdiction to do so, and we do say so.…

…These guidelines are not in anyway exhaustive as that would in itself defeat the exercise of the unfettered discretionary jurisdiction which the Court enjoys when dealing with such application.…

…In any case, even if I were minded to consider them, I would still not base my decision on those allegations as they would go towards matters that are not within my jurisdiction, me sitting as a single Judge, as those allegations…

…In that case there had been a delay of a few days caused by the mistake of a legal adviser, and the Court of appeal held that it was a proper case for them to exercise their jurisdiction to grant leave. …….. having drawn…

…Kuloba, J overruled the preliminary objections raised inter alia, on the grounds that he, having no jurisdiction to hear an appeal against the order of Oguk, J setting aside the stay of proceedings, he could not even if he…

…His reason for doing this, inter alia, and which we find wholly untenable, was that the jurisdiction of his Court could not be ousted by “the simple devise of an unguardedly phrased arbitration clause”, which is well known…

…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”.…

…Patel’s judgment set out above, even though Mr Justice Cockar’s ruling was later on set aside for want of jurisdiction, thus reinstating Mr Justice J.S.…

…As against that there are ordinary interlocutory orders on such matters as misjoinder, jurisdiction, limitation and so forth.…

…However, using our own powers under section 3(1) of the Appellate Jurisdiction Act we can and do hereby record the respondent’s undertaking to pay damages should she eventually not succeed in the case.…

…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.…

…Sec 3A of the Act which replaces section 97, concerns the inherent jurisdiction. The originating summons can only be used as the omnibus carrying all inherent matters within it, if provision is so made.…

…Where a question of jurisdiction is concerned, this court must take it up, whether or not the point was raised below.…

…I must say I was unfavourably impressed by the procedure of the college authorities who handled the matter affecting the applicants as if the applicants were outside the jurisdiction, were unrepresented and had been served…

…Courts are the ultimate custodians of the rights and liberties of people whatever the status and there is no rule of law that courts will abdicate jurisdiction merely because the proceedings or enquiry are of an internal…

…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.…

…Any dishonest lawyer will be subject to the jurisdiction of The Disciplinary Committee as set out in the Advocates Act. Insurers cannot take upon themselves the alleged duty of protecting the "insuring public".…

…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…

…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…

…An issue such as res judicata cannot be avoided because it goes to jurisdiction.…

…It is sufficient for us to find that probably the High Court in Civil Suit 2179 had jurisdiction to deal with the further developments that had taken place, and it is clear that Gachuhi, J was impressed by the fact that registration…

…He had no jurisdiction to make such orders. Again the learned judge failed to consider the argument advanced before him by Mr.…

…In addition the respondent had pleaded that the appellant was convicted by a court of competent jurisdiction of the offence of causing death by dangerous driving contrary to section 46 of the Traffic Act Cap 403, Laws of…