Case law
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Division and case type: CivilCivil Appeal
…The Lurambi African Court which heard the dispute between the 1st and 2nd respondents had jurisdiction to hear and determine land dispute. The issue before the court at the time was the ownership of the land.…
Division and case type: CivilCivil Appeal
…The situation in this appeal must not be confused with decisions of this court concerning its original jurisdiction under rule 5(2) (b) of the Court of Appeal Rules.…
Division and case type: CivilCivil Appeal
…Examples of this principle are to be found in the case of ex parte injunctions, ex parte orders made for service of proceedings out of the jurisdiction under Order 11 of the Rules of the Supreme Court.…
…In the same treatise it is stated: “As a general rule a party should not be allowed to litigate issues which have already been decided by a court of competent jurisdiction.”…
Division and case type: Environment and LandCivil Suit
…Under rule 1(3) of order vii Civil Procedure Rules, the Superior Court however had a discretion – it had jurisdiction instead of striking out the plaint to make any other appropriate orders such as giving the plaintiffs another…
Division and case type: Constitutional and Human RightsElection Petition
…heard and determined and is contrary to the provisions of the Kenya Constitution which has set down the manner in which questions as to membership of National Assembly shall be determined. section 44 grant to the High Court jurisdiction…
Division and case type: CivilCivil Suit
…January 27, 1975 from the district magistrate to the Registrar of the High Court in Nairobi asking him to refund some fees to the plaintiff in the suit in that court because “the case was withdrawn as ‘his’ court had no jurisdiction…
Division and case type: CivilCivil Appeal
…essentials bear comparison with the facts of the one before the Court, and they otherwise bear a reasonable measure of similarity to it, Kenyan authorities should be used to the exclusion of others, save those from neighbouring jurisdiction…
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…
Division and case type: CivilCivil Appeal
…As we pointed out in….. on inequitable conduct ‘recent authorities have supported a much wider jurisdiction to interfere in cases where the assertion of strict legal rights is found by the Court to be unconscionable (Snells…
…On appeals following the up-holding by the judge (Barch C J) of the objection taken by the respondent (defendant) therein that both should have been signed by the plainti because he was a resident within the jurisdiction…
Division and case type: CivilCivil Suit
…Relying on the case of Brooke Bond Liebig (T) Ltd v Mallya (1975) EA 266 he submitted that the court had jurisdiction to set aside the current judgment even where the same was entered into in the presence of counsels and…
Division and case type: CivilCivil Appeal
…Dr Shabbir Ahmed is of course, himself physically, beyond the reach, or jurisdiction, of this court, but he has submitted to it through his advocates whose address is his address for service.…
Division and case type: CivilCivil Appeal
…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…