Case law
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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
…Moreover, he is beyond the jurisdiction.…
…Mr Khanna submitted, and we agree, that the High Court’s jurisdiction to granted representation is contained in sections 53 and 54 of the Law of Succession Act (cap 160).…
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: 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: CivilCivil Suit
…deceased by a special order of the court if this is proper but Mr Khanna, for all the appellants, said that these proposals were put forward as manifesting the appellants’ good faith, but that he doubted whether this court had jurisdiction…
…Moreover, he is beyond the jurisdiction.…
Division and case type: CivilCivil Appeal
…deceased by a special order of the court if this is proper but Mr Khanna, for all the appellants, said that these proposals were put forward as manifesting the appellants’ good faith, but that he doubted whether this court had jurisdiction…
…Moreover, he is beyond the jurisdiction.…
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 Appeal
…Secondly, that even if he had jurisdiction to entertain the application, the circumstances preceding and subsequent to the order and judgement which were sought to be vacated militated against granting the orders sought.…
…An issue of jurisdiction of the superior court to entertain the application to set aside was raised before the Judge in the court below, but because neither Counsel appearing in this matter commented on the issue nor was…
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.…
Division and case type: CivilCivil Appeal
…Whilst an appellate court has jurisdiction to review the evidence to determine whether the conclusions of the trial judge should stand, this jurisdiction is exercised with caution; if there is no evidence to support a particular…
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: CivilCivil Appeal
…awarding damages in view of section 3(1)© of the Judicature Act Cap 8 which imports the doctrines of equity to Kenya.In the case of Leeds Co-operative society Ltd v Slack 1924 AC 851 the House of Lords held that the court had jurisdiction…
…“In all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant contract or agreement, or against the Commission or continuance of any wrongful…
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: CivilMiscellaneous Application
…NO. 44 OF 1998) ************** RULING OF THE COURT The applicant seeks the exercise of our discretionary jurisdiction under rule 5 (2) (b) of the Rules of this Court and order a stay of execution of the decree of the superior…
Division and case type: CivilCivil Case
…This Court lacks jurisdiction to rule on it in the manner prayed for.…
…I cannot revisit the issue regard being had of the fact that him and I have concurrent jurisdiction. The submissions by applicant’s counsel on the issue are superfluous.…
Division and case type: CivilCivil Case
…This Court lacks jurisdiction to rule on it in the manner prayed for.…
…I cannot revisit the issue regard being had of the fact that him and I have concurrent jurisdiction. The submissions by applicant’s counsel on the issue are superfluous.…
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 Appeal
…Nevertheless, in civil jurisdiction in the superior court or in the subordinate court where the ends of justice is in issue, the inherent powers of those courts to do justice as provided by section 3A of the Civil Procedure…
…That complaint touches on the jurisdiction of the superior court of review its decision of 26th June, 1998. It is an issue that should have been raised in limine and adjudicated on forthwith.…
Division and case type: Milimani Commercial CourtsCriminal Case
…Mr Chunga argued that prohibition can only issue if the subordinate Court acts in excess or lack of jurisdiction. With respect this is not a correct statement of the law.…
…Lord Selbourne said, p 214: “The power seemed to be inherent in the jurisdiction of every Court of Justice to protect itself from the abuse of its own procedure.”…