Case law
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Division and case type: CriminalCriminal Appeal
…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…
…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…
Division and case type: CriminalCriminal Appeal
…assume in this case that he did, but in future it must be carefully borne in mind by judges that without a valid direction or authority of the kind we have indicated the hearing of an appeal by one judge may well be without jurisdiction…
…The reduction of the amount of which the appellant is convicted would not, however, move us to reduce the sentence even if we had jurisdiction do to so.…
Division and case type: CivilCivil Appeal
…CAUSE NO. 11 OF 1992) *************************** JUDGMENT OF THE COURT This appeal emanates from the judgment of the High Court of Kenya Admiralty Jurisdiction (Mbaluto, J.) dated 15th October, 1993 sitting at Mombasa.…
Division and case type: CivilCivil Appeal
…Sec 3A of the Act which replaces section 97, concerns the inherent jurisdiction. The originating summons can only be used as the omnibus carrying all inherent matters within it, if provision is so made.…
…Where a question of jurisdiction is concerned, this court must take it up, whether or not the point was raised below.…
Division and case type: CriminalCriminal Appeal
…Section 382 of the Criminal Procedure Code states: “Subject to the provisions herein before contained, no finding, sentence or order passed by a court of competent jurisdiction shall be reversed on appeal or revision on account…
…reminder to magistrates that it is the primary duty of a magistrate to satisfy himself that the section of the Penal Code, and I should add to that any other law, under which an accused is charged is correct before assuming jurisdiction…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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: 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
…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: 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: 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
…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
…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.…