Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CriminalCriminal Appeal
…He was, we think, then disqualified from hearing the case and should have transferred it to another magistrate of competent jurisdiction.…
Division and case type: CriminalCriminal Appeal
…a more recent nature as he had only bought the same from a third party.But whether his interest in the land is legally superior to that of the appellant can only be determined by a court of civil rather than of criminal jurisdiction…
Division and case type: CivilCivil Case
…Counsel submitted that until the issue is dealt with under the Advocates Act the police are usurping the power given by statute to another body and have no jurisdiction to charge an advocate before the proper procedure is…
…authorities and the facts of this application I am convinced that this Court is empowered to grant orders sought the decision to charge the applicant on material laid before the Court is oppressive in bad faith and in excess of jurisdiction…
Division and case type: CriminalCase number Criminal Application
…The applicant was aggrieved by the decision of the trial court and sought to invoke the jurisdiction of this court to review the said bond terms, which in his view was draconian, punitive and excessive.…
Division and case type: CriminalCriminal Appeal
…Ours is merely to say that in all the circumstances, the learned judge erred in summarily rejecting the appeal where he had no jurisdiction to do so, and we do say so.…
Division and case type: CivilCase number Civil Application
…In that case there had been a delay of a few days caused by the mistake of a legal adviser, and the Court of appeal held that it was a proper case for them to exercise their jurisdiction to grant leave. …….. having drawn…
Division and case type: CriminalCriminal Appeal
…The appellant to be re-tried by another magistrate of competent jurisdiction. If appellant is not serving any other sentence, to remain in remand pending re-trial.…
Division and case type: CivilCivil Case
…Advocates should not leave their practices to go out of jurisdiction without adequate and appropriate arrangements as to the handling of their clients’ affairs, as happened in this matter.…
Division and case type: CivilCivil Case
…I accordingly hold that I have no jurisdiction to entertain the plaintiff’s claim and I dismiss it.…
Division and case type: CivilCivil Appli
…"It will fetter the jurisdiction of the Commission. That the participation of LSK will hamper the progress of the 3.…
…About the Attorney General appearing as Counsel to theCommission, this depends on different jurisdictions. Inplaces like Province of Victoria in Australia that function isfulfilled by an independent council.…
Division and case type: CivilCivil Appeal
…The judge was not deciding on an application to set aside the judgment and so he had no jurisdiction to set aside that judgment. The plaintiff’s suit could not be dismissed as liability had been admitted.…
…That provision is the jurisdiction for us here doing what the High Court has not done. First, some words as to the issue of negligence.…
Division and case type: CivilCivil Appeal
…The idea of providing the parties with the best construction or interpretation of documents, is akin to the principle that where a matter of law is involved, especially one of jurisdiction; it should generally be dealt with…
…That is merely a matter of construing the contracts, and therefore this case is distinguishable from Privy Council decisions referred to us, affecting other jurisdictions.…
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: 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: 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…