Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…Mr Nowrojee drew my attention to section 56 to 62 of the Trustee Act, chapter 167 which, in effect, give court, the jurisdiction to authorize dealings with trust property but with the important proviso in section 62 which…
Division and case type: Environment and LandPetition
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Case
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: Constitutional and Human RightsJudicial Review
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CriminalCriminal Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CivilCivil Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CriminalCriminal Appeal
…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…
…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…The primary question in the petition, whether the suit property is private land, or was ever public land within the jurisdiction of the National Land Commission, is a matter for the trial court.…
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
…unqualified person shall act as an advocate, or as such cause any summons or other process to issue, or institute, carry on or defend any suit or other proceedings in the name of any other person in any court of civil or criminal jurisdiction…
Division and case type: CriminalCriminal Appeal
…It may be, as the judge said, that the order was the logical result of the magistrate’s findings but this in our view did not give him jurisdiction to make the order.…
Division and case type: CivilCivil Case
…This jurisdiction is one which, as the Court of Appeal for East Africa observed in Giella vs Cassman Brown Ltd [1975] EA 358 must be exercised judicially and in accordance with the well known principles.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…In some Commonwealth jurisdictions, such right is vested in the chief Justice or some other statutorily designated body or entity.…
…Even courts whose jurisdiction is inferior to this Court and who are ordinarily bound under our doctrine of stare decisis, have consistently defied rather than followed it.…
Division and case type: Milimani Commercial CourtsCivil Case
…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the jurisdiction…
Division and case type: Milimani Commercial CourtsCivil Case
…At page 11 of the same I find an observation by the learned Judge as follows: “That to my view means that either by affidavit or the pleadings the Plaintiff ought to firstly show that the Defendant is likely to leave the jurisdiction…
Division and case type: CivilCivil Appeal
…Section 115 vests all Trust land in the county council within whose area of Jurisdiction the land is situated. Section 117 authorises county councils to set apart Trust land required for use and occupation.…
…at any time after thirty days from the service of the land notice bring proceedings for the recovery of the land in the Resident Magistrate's Court, if the value of the land falls within the limits of that court’s civil jurisdiction…
Division and case type: CivilCivil Appeal
…This particular suit was subsequently dismissed on 14th June, 1994 for want of jurisdiction.…