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…of the Court and since the jurisdiction of this Court is founded on statute, it cannot be properly invoked unless the intending appellant strictly complies with its provisions.…

…Counsel said the objection merely raised a procedural point which this Court, in its inherent jurisdiction, can waive.…

…of the Court and since the jurisdiction of this Court is founded on statute, it cannot be properly invoked unless the intending appellant strictly complies with its provisions.…

…Counsel said the objection merely raised a procedural point which this Court, in its inherent jurisdiction, can waive.…

…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.…

…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.…

…So the present appeal to us is on sentence on which we would normally have no jurisdiction if the sentence on which we would normally have no jurisdiction if the sentence is lawful.…

…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…

…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.…

…There is no appeal from that finding and it is difficult for a court exercising revisionary jurisdiction to fault the lower court on a finding of a fact.…

…I think my proper jurisdiction in an issue of this kind is the one given by section 149(4) of Criminal Procedure Code – to remit or reduce a fine imposed by the lower court.…

…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.…

…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…

…It is obvious that the suit violates the aforesaid provisions which expressly confer jurisdiction upon a District Magistrate’s Court to determine disputes such as the present.…

…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.…

…The defendant, through Ms BEN OCHIENG & CO ADVOCATES, filed a defence in which he pleaded that this court has no jurisdiction to hear and determine this suit or to grant the reliefs sought by the plaintiff pursuant to the…

…Kithi has submitted that the High Court, pursuant to the provisions of Section 60 of the Constitution, has unlimited civil jurisdiction and therefore that the suit is not incompetent.…

…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…

…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.…

…The second one is that this Court lacks jurisdiction to entertain the application. Mr.…

…The result was that the application is presently grounded on the inherent jurisdiction of the Court. Two issues are raised by the application. Firstly whether this Court possesses the jurisdiction to entertain it.…

…Section 200 of the Criminal Procedure Code enacts : (a) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein…

…and is succeeded by another magistrate who has and exercises that jurisdiction, the succeeding magistrate may : Deliver a judgment that has been written and signed but not delivered by his predecessor; or Where judgment has…

…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.…

…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…

…Even if it were possible for us to ascertain to whom the vehicle KWL 653 belonged we would have no jurisdiction to make any order in respect of its destination.…

…That the learned District Magistrate erred in law and in fact in handling a case having no jurisdiction to do so. This appeal was filed way back in April 1997 but for unknown reasons it was never prosecuted.…

…Due to the nature of the proceedings, this appeal should be allowed and the matter referred to retrial but looking at the pleadings, certain issues emerge that touches on the validity of the claims and the jurisdiction of…

…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.…