Case law
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Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…considered the jurisdiction donated to it by section 84(1) of the old Constitution and arrived at the conclusion that the High Court while sitting as a constitutional Court has original jurisdiction to hear and determine an application…
…with respect to the same matter which is lawfully available, that person (or that other person) may apply to the High Court for redress. (2) The High Court shall have original jurisdiction – (a) to hear and determine an application…
Division and case type: CivilCivil Appeal
…By an application dated 1st May. 1990 and filed on 4th June, 1990, M/S.…
Division and case type: CivilCivil Appeal
…It was ordered that the application be heard inter-partes on August 10 1988, on which date after the hearing inter-partes, the High court ordered that the ex parte order do remain in force and that the hearing interpartes…
Division and case type: CriminalCriminal Appeal
…But the question cannot be determined by the application of any rigid rules. Each case must be considered according to its facts.…
Division and case type: CivilCivil Appeal
…Sakina and her three children have led objections to Wamaitha’s application alleging that the deceased was in no mental condition to make condition to make a will. This cause is still pending. 10.…
…The law of Succession Act (Cap 160) provides a special procedure for application for grant of probate and for dealing with any challenges to such an application.…
Division and case type: CriminalCriminal Appeal
…Every commentary which has ever been written on this much discussed section has emphasised the need for care and restraint in the application of the section.…
…We reiterate that those passages represent the correct principles in the application of the section. Mr.…