Case law
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Division and case type: CivilCivil Case
…Section 59 (1) of the Registered Land Act gives the Court jurisdiction to grant the tenant relief from forfeiture. In any case courts of equity grant relief against forfeiture for non-payment of rent.…
Division and case type: CivilCivil Appeal
…The jurisdiction ought only to be exercised in proper cases. ..…
Division and case type: CriminalCriminal Appeal
…So his appeal was against that decision of the High Court in its appellate jurisdiction and therefore confined to matters of law (section 361(a) (ibid).…
Division and case type: Milimani Commercial CourtsMiscellaneous Application
…It was contended by the applicant that the Taxing Officer had acted in excess of her 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 Case
…bear comparison with the facts of the one before the court, and they otherwise bear a reasonable measure of similarity to it, Kenya decisions should be used to the exclusion of the others, save those from a neighbouring jurisdiction…
Division and case type: CivilCivil Appeal
…explained in Amin Rasheed Shipping v Kuwait Insurance Co [1983] 1 All ER 873, Lord Wright’s observations were: “It is clear that the Court of Appeal should not interfere with the discretion of a judge acting within his jurisdiction…
Division and case type: CivilCivil Appeal
…Prohibition is a relief that is only available where an inferior court or tribunal or a public authority like the Council, is proposing to adjudicate upon or determine a matter which is not within its jurisdiction.…
…individual personal capacities, not being an inferior court or tribunal or a public authority, neither the Council nor the other defendants are proposing to adjudicate upon or determine a matter which is not within their jurisdiction…
Division and case type: Constitutional and Human RightsPetition
…It is not disputed that the petitioner was convicted by a court of competent jurisdiction of being in Kenya illegally and a repatriation order made.…
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: Constitutional and Human RightsElection Petition
…voting process therein. e) There is no other Petition pending, and there have been no previous proceedings, in any court between the Petitioner and the Respondents over the same subject matter. f) This Honourable Court has jurisdiction…
…No. 9 of 2013 Charles Oigara Mogere vs Christopher Obure , Sitati J found that it is not open to a party to apply for a dual order of scrutiny and recount under the same breath as this would be beyond the jurisdiction of…
Division and case type: CivilCivil Case
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: Constitutional and Human RightsElection Petition
…voting process therein. e) There is no other Petition pending, and there have been no previous proceedings, in any court between the Petitioner and the Respondents over the same subject matter. f) This Honourable Court has jurisdiction…
…No. 9 of 2013 Charles Oigara Mogere vs Christopher Obure , Sitati J found that it is not open to a party to apply for a dual order of scrutiny and recount under the same breath as this would be beyond the jurisdiction of…
Division and case type: CivilCivil Appeal
…THAT the said parcel of land is situated in E Wanga location within the jurisdiction of this Honourable Court. 9. THAT I pray this honourable Court for orders as stated in paragraphs 5 and 6. 10.…
Division and case type: CivilCivil Appeal
…In the Clenae case [1999] VSCA 35 Callaway JA observed (para 89 (e)): “As a general rule, it is the duty of a judicial officer to hear and determine the cases allocated to him or her by his or her head of jurisdiction.…
Division and case type: CivilMiscellaneous Application
…In the Clenae case [1999] VSCA 35 Callaway JA observed (para 89 (e)): “As a general rule, it is the duty of a judicial officer to hear and determine the cases allocated to him or her by his or her head of jurisdiction.…
Division and case type: CivilCivil Appeal
…This Court obviously has jurisdiction to discharge its own order of injunction or stay.…
Division and case type: CivilCivil Appeal
…Whilst an appellate court has jurisdiction to review the evidence to determine whether the conclusions of the trial judge should stand, this jurisdiction is exercised with caution; if there is no evidence to support a particular…