Case law
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Division and case type: CriminalCriminal Case
…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…
…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…
Division and case type: CriminalCriminal Case
…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…
…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…
Division and case type: FamilySuccession Cause
…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…
…The court has carefully considered the application and finds that the court has jurisdiction, despite the applicant’s preferred appeal, to rectify the mistake or incidental error in the judgment as established by the applicant…
Division and case type: FamilySuccession Cause
…The question is whether the Murang’a Senior Principal Magistrate’s Court had the pecuniary jurisdiction to hear and determine the cause.…
…It is obvious the trial Court had no pecuniary jurisdiction to hear the matter. Consequently the appeal is allowed. The proceedings and the order confirming the grant are set aside.…
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 Case
…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…
…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…
Division and case type: Commercial and TaxCase number Winding Up Cause
…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…
…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…
Division and case type: CivilCivil Case
…So that in the defence and counter-claim, the defendant pleads that the Business Premises Tribunal has no jurisdiction to deal with the dispute between it and the plaintiff while for the purposes of resisting the plaintiff…
…’s application for summary judgment the defendant contends that the Tribunal has jurisdiction and “there are triable issues in the matter to be heard” before the Tribunal.…
Division and case type: CivilCivil Suit
…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…
…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…
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
…Landlord & Tenant (Shops, Hotels and Catering Establishments) Act, Cap 301, Laws of Kenya (hereinafter referred to as “the Act”) The material portion of the Act reads: 12(1) “A Tribunal shall in relation to its area of jurisdiction…
…“Court” is defined in the Civil Procedure Act as the High Court or a subordinate Court, acting in the exercise of its civil jurisdiction. A Tribunal is not a subordinate court.…
Division and case type: CivilCivil Case
…open to controversy in the early suit (ie that the subject matter in dispute is the same), either actually or constructively; (b) that the same subject matter in dispute now came in question before a Court of competent jurisdiction…
…That is to say, there I showed the conditions of applying the doctrine of res judicata to be (a) Identity of the matter in issue; (b) Identity of the parties; (c) Sameness of title; (d) Concurrence of jurisdiction; (e) Finality…
Division and case type: Commercial and TaxInsolvency Cause
…This is that, this is an appeal from a decision of the High Court (Akiwumi, J) in the exercise of its original jurisdiction.…
…We therefore emphasise that it is within jurisdiction to re-appraise the whole evidence and draw our own inferences.…
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: Constitutional and Human RightsPetition
…Firstly, section 28 confers upon this court the jurisdiction to extend such responsibility.…
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Being dissatisfied with the outcome of the trial and the entire Judgment of the High Court he filed to the apex court with jurisdiction on criminal appeals.…
…I must say that the petitioner in his petition has not demonstrated that in the president decision on advisory of the committee on prerogative of mercy has acted in excess of jurisdiction, or acted without jurisdiction or…
Division and case type: CivilMiscellaneous Application
…Firstly, section 28 confers upon this court the jurisdiction to extend such responsibility.…
…Secondly the Constitution of Kenya also confers upon this court unlimited original jurisdiction in all matters both of a civil and criminal nature.…
Division and case type: CivilCivil Suit
…Kabiru Karanja & 4 others read together with Section 76 of Co-operative Societies Act 1997 would show that this court has no jurisdiction to entertain disputes of this nature.…
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: CivilCivil Case
…The order that this being a boundary dispute court had no jurisdiction until the Land Registrar had determined the boundaries pursuant to s. 21(2) of the Registered land Act.…