Case law
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Division and case type: Milimani Commercial CourtsCivil Suit
…The courts jurisdiction has not been properly invoked as order 5 [1] Rule 7 of the Civil Procedure Rules is applicable only where summons expire before they are served upon the defendant. 2.…
…This honorable court lacks jurisdiction to issue the orders as sought. 3. The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
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: Commercial and TaxCase number Winding Up Cause
…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…
…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…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".…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CriminalCriminal Appeal
…Section 382 of the Criminal Procedure Code states: “Subject to the provisions herein before contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed on appeal or revision on account…
…reminder to magistrates that it is the primary duty of a magistrate to satisfy himself that the section of the Penal Code, and I should add to that any other law, under which an accused is charged is correct before assuming jurisdiction…
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 Appeal
…He contended that the order made by Lakha, J.A. was erroneously recorded and under a misapprehension of the true position and in excess of jurisdiction.…
Division and case type: CivilCivil Appeal
…(e) Costs and interest (f) The Honourable Court be pleased to make any orders deemed fitting within its inherent jurisdiction.…
Division and case type: CivilCivil Appeal
…There has been an irregularity in the pleadings but this Court will not usually interfere with a judgment if it is satised that there has been no failure of justice or lack of jurisdiction.…
Division and case type: CivilCivil Appeal
…This court on 8th June, 1990 allowed the appeal against the decision of Rauf J., recalled the plaint and exercising its powers under section 3(2) of Appellate Jurisdiction Act (Cap 9) ordered amendment thereof.…
Division and case type: Anti-CorruptionCivil Appeal
…client, but in my view we must treat each of the cases, not as a matter of form, not as a matter to be decided on the mere proof of a former acting for a client but, as a matter of substance, before we allow the special jurisdiction…