Case law
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Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…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.”…
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: 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.…
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
…These guidelines are not in anyway exhaustive as that would in itself defeat the exercise of the unfettered discretionary jurisdiction which the Court enjoys when dealing with such application.…
…In any case, even if I were minded to consider them, I would still not base my decision on those allegations as they would go towards matters that are not within my jurisdiction, me sitting as a single Judge, as those allegations…
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: Milimani Commercial CourtsCivil Case
…That would mean that this court has no jurisdiction in this matter which must go to the Business Premises Rent Tribunal. Nor can possession be obtained except as provided under cap 301.…
…It is therefore necessary to consider this case in terms of my equitable jurisdiction in respect of which the following considerations apply: (1) There is no dispute between the parties, and clear authority has been quoted…
Division and case type: CivilCase number Civil Application
…For this reason Tunoi, JA, concluded that as a single Judge of this Court, he had no jurisdiction to “sit in judgment of the decisions of Omolo, JA and of the full bench”.…
Division and case type: CivilCivil Appeal
…Patel’s judgment set out above, even though Mr Justice Cockar’s ruling was later on set aside for want of jurisdiction, thus reinstating Mr Justice J.S.…
…As against that there are ordinary interlocutory orders on such matters as misjoinder, jurisdiction, limitation and so forth.…
Division and case type: CivilCivil Appeal
…However, using our own powers under section 3(1) of the Appellate Jurisdiction Act we can and do hereby record the respondent’s undertaking to pay damages should she eventually not succeed in the case.…
Division and case type: CriminalMiscellaneous Criminal Application
…The jurisdiction of the Court to entertain an application pursuant to section 84(1) is specific.…
…The applicant is obliged to bring his application within the ambit of that section before the Court can have jurisdiction to entertain and determine it.…
Division and case type: CivilMiscellaneous Application
…information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document for the purpose of our jurisdiction…
Division and case type: CivilCivil Suit
…information about the progress of the case is available because it is evident from counsel’s submissions that the High Court file has been lost, and we are also informed that the decree, a vital document for the purpose of our jurisdiction…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…He concluded by submitting that the offence of desertion amounted to a labour dispute and as such the jurisdiction to hear the matter lay with the Employment and Labour Relations Court.…
Division and case type: Milimani Commercial CourtsCivil Case
…That first Defendant be served by facsimile and or e-mail or as this Honourable Court may direct as the first Defendant is not within jurisdiction. 9.…
…(Supra) is the locus classicus in the grant of interlocutory injunctions within our jurisdiction.…
Division and case type: CivilCivil Appeal
…I must say I was unfavourably impressed by the procedure of the college authorities who handled the matter affecting the applicants as if the applicants were outside the jurisdiction, were unrepresented and had been served…
…Courts are the ultimate custodians of the rights and liberties of people whatever the status and there is no rule of law that courts will abdicate jurisdiction merely because the proceedings or enquiry are of an internal…
Division and case type: CivilCivil Suit
…They had no jurisdiction to sit in judgment respecting the suit land.…
Division and case type: CivilCivil Appeals numbered
…Want of compliance with Procedural rules (unless fundamental and going to the jurisdiction of this court) do not and cannot call for striking out of an application of the kind that is before me.…
Division and case type: CivilCivil Appeal
…Any dishonest lawyer will be subject to the jurisdiction of The Disciplinary Committee as set out in the Advocates Act. Insurers cannot take upon themselves the alleged duty of protecting the "insuring public".…
Division and case type: Constitutional and Human RightsPetition
…This court has no jurisdiction to deal with the so called stay directly with the applicant. His refuge at this juncture lies with the Official Receiver. That is his man.…