Search court decisions

…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.…

…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…

…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”.…

…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.…

…The respondent, a judge, holding administrative office of Chief Justice while executing his judicial duties in Court or in execution of his administrative duties within the jurisdiction, enjoys absolute privilege from being…

…It was then that the appellant, acting upon the instructions of his client, requested the respondent in his capacity as Chief Justice, and exercising the jurisdiction conferred on him as such, to constitute a bench of five…

…Moreover, he is beyond the jurisdiction.…

…Mr Khanna submitted, and we agree, that the High Court’s jurisdiction to granted representation is contained in sections 53 and 54 of the Law of Succession Act (cap 160).…

…A passage from Buckley LJ’s judgment was in fact referred to by the judge in this case and it is as follows: ‘It has been recognised that the jurisdiction of the court to stay an action in limine as an abuse of process is…

…a jurisdiction to be exercised with great circumspection, and exactly the same consideration must apply to a‘quia timet injunction to restrain commencement of proceedings.…

…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…

…error on the part of an advocate (which would, of course, include that of his clerk) did not amount to sufficient reason for extending time to file the memorandum and record of appeal, and that consequently the court had no jurisdiction…

…There has been an irregularity in the pleadings but this Court will not usually interfere with a judgment if it is satised that there has been no failure of justice or lack of jurisdiction.…

…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…

…MUIRU GIKANGA & ANOTHER, [1965] E.A. 735 at pages 738 and 739 where after setting out the provisions of regulation 4 of the Kenya (Jurisdiction of Courts and Pending Proceedings), Regulations, 1963 which is similar to section…