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: 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
…By Section 3 (1) of the Appellate Jurisdiction Act which confers jurisdiction on this Court: “The Court of Appeal shall have jurisdiction to hear and determine appeals from the courts of Kenya in cases in which an appeal…
…Jurisdiction is not the same thing as procedure. Procedural rules do not bestow jurisdiction”.…
Division and case type: CivilCivil Appeal
…Otherwise it had jurisdiction to hear and determine the case under section 159 of the Act, as the section was at that time.…
…It says that the senior resident magistrate, Nyeri, had no jurisdiction to determine a boundary dispute.…
Division and case type: CivilCivil Appeal
…of the Court and since the jurisdiction of this Court is founded on statute, it cannot be properly invoked unless the intending appellant strictly complies with its provisions.…
…Counsel said the objection merely raised a procedural point which this Court, in its inherent jurisdiction, can waive.…
Division and case type: CivilCivil Appeal
…of the Court and since the jurisdiction of this Court is founded on statute, it cannot be properly invoked unless the intending appellant strictly complies with its provisions.…
…Counsel said the objection merely raised a procedural point which this Court, in its inherent jurisdiction, can waive.…
Division and case type: CriminalCriminal Appeal
…So the present appeal to us is on sentence on which we would normally have no jurisdiction if the sentence on which we would normally have no jurisdiction if the sentence is lawful.…
…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…
Division and case type: CivilCivil Appeal
…It was urged that the magistrate misdirected himself in holding that the elders had no jurisdiction, that the magistrate should have held that all cases of trespass had to be heard by elders, that because the sale agreement…
…The appellants relied on section (1) of the Magistrates’ Courts Act, cap 10 which provides, “9A(1) Notwithstanding the provisions of sections 5 and 9 or of any other written law conferring jurisdiction, but subject to the…
Division and case type: CivilCivil Appeal
…Consequently, the court found it lacked jurisdiction to grant leave and dismissed the application..…
…made - whether the six-month limitation period prescribed under section 9(3) of the Law Reform Act for filing an application for leave to apply for an order of certiorari was mandatory and absolute - whether the court had jurisdiction…
Division and case type: CivilMiscellaneous Application
…Nagpal, for the Respondent to this application, has taken preliminary objection which, he says, goes to the jurisdiction of this court.…
…1982, where the issue of damages could not in any event, have been determined on an Originating Summons, and James Njoro Kibutiri v Eliud Njau Kibutiri, Civil Appeal 30 of 1982 where LAW JA said that the High court had no jurisdiction…
Division and case type: CivilCivil Appeal
…Neither in the pleadings nor in the trial was the jurisdiction of the Kenyan courts to entertain the suit contested.…
…And a litigant who submits to the jurisdiction of the Kenyan courts must, ipso facto, submit to the statutory restrictions on the exercise of that jurisdiction.…
Division and case type: CivilMiscellaneous Application
…Mr Justice Porter struck out the summons on May 3, 1984 because it had not been filed in any suit and therefore he held he had no jurisdiction.…
…There was want of jurisdiction and I am satisfied that my order was right. I would refuse to review it even if I were satisfied that, this was a proper application for review.…
Division and case type: CriminalCriminal Appeal
…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…
…Even if it were possible for us to ascertain to whom the vehicle KWL 653 belonged we would have no jurisdiction to make any order in respect of its destination.…
Division and case type: CriminalCriminal Appeal
…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
Division and case type: CivilCivil Appeal
…This is so because the jurisdiction of this court is limited to the original and appellate jurisdictions of the superior court.…
…To bring in the intended defendant would be to extend that jurisdiction contrary to rule 73 of the Rules of this court.…
Division and case type: CivilCivil Appeal
…In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to…
…It is important to state at the outset that section 5 (d) of the Appellate Jurisdiction Act, while donating the power to make rules providing for the summary determination of any appeal which appears to the court to be frivolous…
Division and case type: CriminalCriminal Appeal
…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
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…