Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…He submitted that this is a rule of procedure of the Supreme Court of England, which our High Court is adopting, by virtue of section 5 of the Judicature Act, Chapter 8, Laws of Kenya.…
…As the Supreme Court requires that an application be made to a judge in chambers, I consider that the rule is not inconsistent with the provisions of our order XXXIX rule 9 of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…That law and procedure was contained in the Supreme Court Act 1981 and the Rules of the Supreme Court (1988 Supreme Court Practice) Order 75.…
…Supreme Court Act 1981 [UK] sections 20, 20(1)(a), 20(2)(a-s), 21(4), 21(4)(b) 2. Rules of the Supreme Court 1988 [UK] order 7 rules 5, 5(4), 5(5), 5(9); para 9; order 75 para 75/1/3; order 12 rule 3.…
Division and case type: CriminalCase number Criminal Application
…Mr Khaminwa adopted the above submissions made by Mr Imanyara and added that what was relevant to the present proceedings was order 52 of the Supreme Court Rules and the relevant sections thereof and not any section of the…
Division and case type: CivilCivil Appeal
…The appeal was filed against three judges of the Supreme Court of Trinidad and Tobago.…
…(see Vinson v The Prior Fibres Consolidated Ltd (1906) W N 209 Supreme Court Practice 1993 Vo P 332 para 18/19/2, and Riches v Director of Public Prosecutions [1973] 2 All ER 935).…
Division and case type: CriminalCriminal Appeal
…Rao referred us to the objects of the 1959 Bill which was stated [as regards section 361 (7) as follows:- “Clauses 38 and 39 make important provisions as to appeals to the Court of Appeal from judgments of the Supreme Court…
Division and case type: CivilCivil Case
…earlier in Shah Bharmal v Santosh Kumari [1961] EA at p 681, Forbes JA had taken the view that despite the then more restricted discretion given in East Africa than in England by order LVIII rule 15 of the Rules of the Supreme…
…Court, the mistake of a legal adviser could amount to sufficient cause, though in that case there was held to be no mistake but merely inordinate delay, a factor which weighed with the court in Gachau v Karau (supra).…
Division and case type: CriminalCriminal Appeal
…Of course, minimum sentences have fallen into disfavour in Kenya, going by the current jurisprudence emanating from the High Court and the Supreme Court.…
Division and case type: Constitutional and Human RightsPetition
…In the case of Samuel Kamau Macharia & another v Kenya Commercial Bank Ltd & 2 others [2012] eKLR, the Supreme Court stated thus - “[68A] A Court’s jurisdiction flows from either the Constitution or legislation or both.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…The respondent urged that the High Court had no jurisdiction to intervene in a matter that had already been decided by the Court of Appeal; that as stated by the Supreme Court in Samuel Kamau Macharia & Another -vsKenya Commercial…
Division and case type: CivilCivil Appeal
…was stated that “your petitioner has telegraphed to his attorney’s in Cape Town, requesting them to lodge a petition on his behalf….a has at the same time advised them that the usual warrant authorizing proceedings in the Supreme…
…Court has been posted.…
Division and case type: CivilCivil Appeal
…There is at the present moment an appeal pending before the Eqyptian Supreme Court in Cairo, where a prominent Islamic academic, who has been declared an apostate for denouncing Hadithi, and his wife, are challenging a “decree…