Case law
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Division and case type: Environment and Land CourtCivil Suit
…29 of 2014) [2014] KESC 6 (KLR) (9th December 2014)”, where the Supreme Court, comprising W.M.…
…The Supreme Court observed that the provision of Articles 22 and 258 of the Constitution have empowered every person, whether corporate or non-incorporated, to move the Courts, contesting any contravention of the Bill of…
Division and case type: Environment and Land CourtELC Land Appeal
…The supreme Court in an extensive analysis of the issue of its own jurisdiction quoted with approval the oft cited case of “Owners of Motor Vessel ‘Lillian S’ (Supra) in the first advisory opinion rendered by the Court in…
…In the case of the Supreme Court, Court of Appeal and High Court, their respective jurisdictions are donated by the Constitution.” 21. Additionally, in the case of:- “Samuel Kamau Macharia & Another v.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Court’s position on costs in “Jasbir Singh Rai & 3 others – Versus - Tarlochan Singh Rai & 4 others [2014] eKLR” as: “The Supreme Court in Jasbir Singh Rai & 3 others – Versus - Tarlochan Singh Rai & 4 others [2014] eKLR…
…In the case of:- “Jasbir Singh Rai & 3 others – Versus - Tarlochan Singh Rai & 4 others [Supra]”, the Supreme Court held that costs follow the event, but the Court retains discretion to accommodate special circumstances.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…Court of Kenya in the case of” “Francis K.…
…The Law on joinder of Interested Parties to suits had been settled by the Supreme Court of Kenya.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Supreme Court in the case of:- “Communications Commission of Kenya and 4 Others – Versus - Royal Media Services Limited & 7 Others Petition No. 15 OF (2014) eKLR” pronounced itself on who an Interested Party is and held…
…They were authoritatively settled by the Supreme Court of “Kenya in Trusted Society of Human Rights Alliance – Versus - Mumo Matemo & 5 Others, Supreme Court Petition No. 12 of 2013; [2014] eKLR” , where the Court defined…
Division and case type: Environment and Land CourtELC Land Appeal
…In support of the foregoing submissions, the Learned Counsel relied upon the decision of the Supreme Court in the case of:- “ Nicholas Kiptoo Arap Korir Salat – Versus – Independent Electoral and Boundaries Commission & 7…
…Further reliance was placed upon the Supreme Court decision in “ Raila Amolo Odinga & Another – Versus – Independent Electoral and Boundaries Commission & 2 Others [2017] eKLR”, wherein the Court reiterated that Article 159…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Supreme Court addressed its mind on this issue in the case of “Aviation & Allied Workers Union Kenya – Versus - Kenya Airways Limited & 3 Others [2015] eKLR” and stated: “Thus, a Preliminary Objection may only be raised…
…in Supreme court of Nigeria supreme case No 11 of 2012- “Ocheja Immanuel Dangama – Versus - Hon.…
Division and case type: Environment and Land CourtCivil Suit
…The Counsel stated that the Supreme Court clarified that an interested party could not introduced a new cause of action before the court.…
…Similarly, the Supreme Court in the case of:- “Francis Karioki Muruatetu & another – Versus - Republic & 5 others, SC. Petition No. 15 as consolidated with SC.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…See the Supreme Court of Kenya holding in the case of:- “Bernard Murage -Versus - Fine Serve Africa Limited & 3 others [2015] eKLR. 26. …
…With the above in mind, I wish to refer to the Supreme Court of Kenya dictum in the case of: “Benard Murage (Supra)” where the apex court explained the importance of the doctrine of exhaustion of remedies in the following…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Learned Counsel made reference to the holding in the case of:- “Supreme Court of Kenya Petition No. E022 of 2020.…
…Additionally, the above legal preposition has been made graphically clear in the by the Supreme Court of Kenya in the case of:- “Independent Electoral & Boundaries Commission – Versus - Jane Cheperenger & 2 Others [2015] …
Division and case type: Environment and Land CourtELC Land Petition
…The Supreme Court in the Matter of the Interim Independent Electoral Commission Constitutional Application No. 2 of 2011 discussed the issue of jurisdiction in the following manner:- “Assumption of jurisdiction by Courts…
…In the case of the Supreme Court, Court of Appeal and High Court their respective jurisdiction is donated by the Constitution " 34. In the words of: “ Chief Justice Marshall of the U.S.…
Division and case type: Environment and Land CourtELC Land Petition
…The 1st Respondent further outlined the dictum of the supreme court in the case of: “John Florence Maritime Services Limited & another – Versus - Cabinet Secretary, Transport and Infrastructure & 3 others [2021] eKLR” as…
…According to counsel, the provision of Section 7 of the Civil Procedure Act, Cap. 21 sets out what entails the doctrine of res judicata as was outlined by the supreme court in the case of “John Florence Maritime Services…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Supreme Court of Kenya in the matter of:- Interim independent Electoral Commission (2011) eKLR court held, “Assumption of Jurisdiction by courts in Kenya is a subject regulated by the constitution, by statute Law and…
… in Supreme court of Nigeria supreme case No 11 of 2012- “Ocheja Immanuel Dangama – Versus - Hon.…
Division and case type: Environment and Land CourtCivil Suit
…In addition the Supreme court also referred to the case of “Jersey Evening Post Limited – Versus - A.…
…In the case of:- “Prem Lala Nahata & Anor – Versus - Chandi Prasad Sikaria [2007] 2 Supreme Court Cases 551”, the India Supreme Court held:- “It cannot be disputed that the Court has power to consolidate suits in appropriate…
Division and case type: Environment and Land CourtMiscellaneous Application
…In addition the Supreme court also referred to the case of “Jersey Evening Post Limited – Versus - A.…
…In the case of:- “Prem Lala Nahata & Anor – Versus - Chandi Prasad Sikaria [2007] 2 Supreme Court Cases 551”, the India Supreme Court held:- “It cannot be disputed that the Court has power to consolidate suits in appropriate…
Division and case type: Environment and Land CourtCivil Suit
…In the case of “Jirongo – Versus - Soy Developers Limited & 9 others (Petition 38 of 2019)[2020] KESC 38 (KLR) (4th August 2020) (Ruling)” the Supreme Court enumerated the principles in which leave may be granted for the…
…The Supreme Court of Kenya established the locus classicus guidelines on the role and limitations of an interested party in the opinion by the Supreme Court “In the Matter of Advisory Opinions under Article 163 (3) of the…
Division and case type: Environment and Land CourtELC Land Civil Suit
…In the case of:- “Nicholas Kiptoo Arap Korir Salat – Versus - IEBC & 7 Others, Supreme Court Application No. 16 of 2014”, the Supreme Court stated as follows: - “a party’s right to withdraw a matter before the court cannot…
…The Supreme Court of Nigeria in Abayomi Babatunde vs.…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…The Supreme Court addressed its mind on this issue in the case of “Aviation & Allied Workers Union Kenya – Versus - Kenya Airways Limited & 3 Others [2015] eKLR” and stated: “Thus, a Preliminary Objection may only be raised…
…In the case of:- “Independent Electoral & Boundaries Commission – Versus - Maina Kiai & 5 Others [2017] eKLR”, the Supreme Court, while considering the said provision, held that all the elements outlined thereunder must be…
Division and case type: Environment and Land CourtCivil Suit
…In the case of “Trusted Society of Human Rights Alliance – Versus - Mumo Matemu & 5 Others [2014] eKLR”, the Supreme Court held that an Interested Party must demonstrate a personal interest or stake in the matter, which is…
…Further, in the case of:- “Francis Karioki Muruatetu & Another – Versus - Republic & 5 Others [2016] eKLR”, the Supreme Court stated that an Interested Party must demonstrate the prejudice likely to be suffered if excluded…
Division and case type: Environment and Land CourtCivil Suit
…The Applicant relied on the decision of the Supreme Court in the case of:- “Westmont Holdings SDN BHD – Versus - Central Bank of Kenya & 2 Others, Petition No. 16 (E023) of 2021”, wherein the Court revisited the principles…
…The Supreme Court in the case of:- “Teachers Service Commission – Versus - Kenya National Union of Teachers & 2 Others [2013] eKLR”, at paragraph 68, stated: “Court orders are not made in vain and are meant to be complied…