Case law
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Division and case type: Milimani Commercial CourtsCivil Suit
…The courts jurisdiction has not been properly invoked as order 5 [1] Rule 7 of the Civil Procedure Rules is applicable only where summons expire before they are served upon the defendant. 2.…
…This honorable court lacks jurisdiction to issue the orders as sought. 3. The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
Division and case type: Constitutional and Human RightsPetition
…That the constitution does not oust the inherent jurisdiction of this court to determine issues when they arise.…
…statutes that tend to fetter the court’s jurisdiction.…
Division and case type: CivilCivil Case
…The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…
…It is to this jurisdiction that the defendants stated that this court has no powers to entertain. The plaintiff, they claim have come first to the wrong court.…
Division and case type: CivilMiscellaneous Application
…Nagpal, for the Respondent to this application, has taken preliminary objection which, he says, goes to the jurisdiction of this court.…
…1982, where the issue of damages could not in any event, have been determined on an Originating Summons, and James Njoro Kibutiri v Eliud Njau Kibutiri, Civil Appeal 30 of 1982 where LAW JA said that the High court had no jurisdiction…
Division and case type: CivilCivil Appeal
…Neither in the pleadings nor in the trial was the jurisdiction of the Kenyan courts to entertain the suit contested.…
…And a litigant who submits to the jurisdiction of the Kenyan courts must, ipso facto, submit to the statutory restrictions on the exercise of that jurisdiction.…
Division and case type: CriminalCriminal Appeal
…S 30, under which the Appellant is charged relates to the jurisdiction of the Tribunal and does not create an offence. Probably the intention was to charge under S 29.…
…Whilst Opidi comes from a neighbouring jurisdiction, the argument in it is very powerful, and I find difficulty in departing from it. The result therefore is that the error in the charge in this case is incurable.…
Division and case type: CivilMiscellaneous Application
…Mr Justice Porter struck out the summons on May 3, 1984 because it had not been filed in any suit and therefore he held he had no jurisdiction.…
…There was want of jurisdiction and I am satisfied that my order was right. I would refuse to review it even if I were satisfied that, this was a proper application for review.…
Division and case type: CivilCivil Suit
…In opposition of the said application the defendant’s advocate has taken a preliminary point that the court has no jurisdiction to try this suit as it is instituted prematurely and in contravention of the Architects and Quanitity…
…The defendant’s advocate in the course of his submission did not argue that the court had no jurisdiction although it is there in his written statement of opposition to the substantive application.…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to…
…It is important to state at the outset that section 5 (d) of the Appellate Jurisdiction Act, while donating the power to make rules providing for the summary determination of any appeal which appears to the court to be frivolous…
Division and case type: Constitutional and Human RightsPetition
…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…
…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…
Division and case type: CivilCivil Appeal
…Jurisdiction of our courts is conferred by statutes and the High Court, for instance, does not have the jurisdiction to sit on appeal against decisions of the same court.…
…There is no jurisdiction donated under the Limitation of Actions Act to interfere with leave given under section 28 of the Act.…
Division and case type: CriminalCase number Criminal Application
…Mr Imanyara’s objections mainly were that section 5 of the Judicature Act (cap 8) had given a special jurisdiction in relation to contempt proceedings.…
…and procedure followed in England, it is to be noted that criminal contempt in England is a common law misdemeanour which may be dealt with either on indictment in accordance with ordinary criminal procedure or under the jurisdiction…
Division and case type: CivilMiscellaneous Application
…Section 8(1) of the Act enjoins that High Court shall not in the exercise of its civil or criminal jurisdiction issue any order of prerogative writs of mandamus prohibition or certiorari.…
…Mr Mwenesi urges me to exercise my jurisdiction under o 49 r 5 whereby I am empowered to enlarge time.…
Division and case type: CriminalCriminal Appeal
…The grounds of appeal in a second appeal should be confined to points of law and the Court of Appeal on such an appeal has no jurisdiction to review a sentence on the ground that it is severe. 4.…
…This court has no jurisdiction to review a sentence on second appeal on the grounds of severity.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…up rules is jurisdiction relating to winding up of companies.…
…, it would have the effect of bringing a third person before a winding up court and forcing him to submit to the jurisdiction of the winding up court, whose jurisdiction is ex hypothesi limited to winding up matters.…
Division and case type: CriminalCriminal Appeal
…This court has no jurisdiction to review a sentence on second appeal on the grounds of severity.…
…We have no jurisdiction to review the sentence. Adriano's appeal are also dismissed. The High Court made tow criticisms of the trial with which we fully agree.…
Division and case type: CriminalCriminal Case
…At the commencement of the hearing of the said application, learned counsel for the applicant, Mr Shehmi, raised a preliminary point of law challenging the jurisdiction of the court in making a closing order under section…
…That being so, he submitted that the learned magistrate had no jurisdiction to issue a closing order in respect of the suit premises in as far as the business of the applicant was concerned.…
Division and case type: CivilCivil Appeal
…NO. 402 OF 1985) ************ RULING OF THE COURT The judgment appealed against decided that the superior court had no jurisdiction to entertain the appeal filed before it.…