Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCase number Civil Application
…In that case there had been a delay of a few days caused by the mistake of a legal adviser, and the Court of appeal held that it was a proper case for them to exercise their jurisdiction to grant leave. …….. having drawn…
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 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.”…
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: 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: CriminalCriminal Appeal
…The appellant to be re-tried by another magistrate of competent jurisdiction. If appellant is not serving any other sentence, to remain in remand pending re-trial.…
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: CivilCivil Appeal
…Kuloba, J overruled the preliminary objections raised inter alia, on the grounds that he, having no jurisdiction to hear an appeal against the order of Oguk, J setting aside the stay of proceedings, he could not even if he…
…His reason for doing this, inter alia, and which we find wholly untenable, was that the jurisdiction of his Court could not be ousted by “the simple devise of an unguardedly phrased arbitration clause”, which is well known…
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: 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: 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: FamilySuccession Cause
…He further argued the procedure adopted by applicant is wrong as Section 47 of the Law of Succession is a Section declaring jurisdiction of court and that all applications not provided for by the Rules are brought to court…
…Section 47 of the Law of Succession Act provides:- “ The High Court shall have jurisdiction to entertain any application and determine any dispute under this Act and providence such decrees and make such orders therein as…
Division and case type: Constitutional and Human RightsPetition
…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: 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: CivilCivil Appeal
…Sec 3A of the Act which replaces section 97, concerns the inherent jurisdiction. The originating summons can only be used as the omnibus carrying all inherent matters within it, if provision is so made.…
…Where a question of jurisdiction is concerned, this court must take it up, whether or not the point was raised below.…
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: CriminalCriminal 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: CivilCivil Suit
…They had no jurisdiction to sit in judgment respecting the suit land.…