Case law
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Division and case type: Constitutional and Human RightsPetition
…In the case of Samuel Kamau Macharia & another v Kenya Commercial Bank Ltd & 2 others [2012] eKLR, the Supreme Court stated thus - “[68A] A Court’s jurisdiction flows from either the Constitution or legislation or both.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…The respondent urged that the High Court had no jurisdiction to intervene in a matter that had already been decided by the Court of Appeal; that as stated by the Supreme Court in Samuel Kamau Macharia & Another -vsKenya Commercial…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…The respondent urged that the High Court had no jurisdiction to intervene in a matter that had already been decided by the Court of Appeal; that as stated by the Supreme Court in Samuel Kamau Macharia & Another -vsKenya Commercial…
Division and case type: Environment and LandPetition
…In any event and without prejudice to the foregoing, the issue on custody of land documents and records was canvassed and determined by the Supreme Court in the Matter of the National Land Commission (2015) eKLR and is therefore…
Division and case type: CivilCivil Appeal
…Court and practice of the High Court.…
…It was said that, so long as the rules are silent on third-party matters, by that rule the provisions of the Rules of the Supreme Court with regard to third-party procedure are imported.…
Division and case type: CivilCivil Case
…I know that the Rules of the Supreme Court do not prescribe any summary procedure such as Ord 14 does for judgment or Ord 86 for specific performance. But that is no obstacle.…
Division and case type: CivilCivil Appeal
…was stated that “your petitioner has telegraphed to his attorney’s in Cape Town, requesting them to lodge a petition on his behalf….a has at the same time advised them that the usual warrant authorizing proceedings in the Supreme…
…Court has been posted.…
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.…
Division and case type: CivilCivil Appeal
…There is at the present moment an appeal pending before the Eqyptian Supreme Court in Cairo, where a prominent Islamic academic, who has been declared an apostate for denouncing Hadithi, and his wife, are challenging a “decree…