Case law
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Division and case type: CivilCivil Appeal
…This court on 8th June, 1990 allowed the appeal against the decision of Rauf J., recalled the plaint and exercising its powers under section 3(2) of Appellate Jurisdiction Act (Cap 9) ordered amendment thereof.…
Division and case type: Constitutional and Human RightsElection Petition
…voting process therein. e) There is no other Petition pending, and there have been no previous proceedings, in any court between the Petitioner and the Respondents over the same subject matter. f) This Honourable Court has jurisdiction…
…No. 9 of 2013 Charles Oigara Mogere vs Christopher Obure , Sitati J found that it is not open to a party to apply for a dual order of scrutiny and recount under the same breath as this would be beyond the jurisdiction of…
Division and case type: CivilCivil Case
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Appeal
…In the Clenae case [1999] VSCA 35 Callaway JA observed (para 89 (e)): “As a general rule, it is the duty of a judicial officer to hear and determine the cases allocated to him or her by his or her head of jurisdiction.…
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: CivilMiscellaneous Application
…In the Clenae case [1999] VSCA 35 Callaway JA observed (para 89 (e)): “As a general rule, it is the duty of a judicial officer to hear and determine the cases allocated to him or her by his or her head of jurisdiction.…
Division and case type: CivilCivil Appeal
…This Court obviously has jurisdiction to discharge its own order of injunction or stay.…
Division and case type: CivilCivil Appeal
…The situation in this appeal must not be confused with decisions of this court concerning its original jurisdiction under rule 5(2) (b) of the Court of Appeal Rules.…
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.…
…In the same treatise it is stated: “As a general rule a party should not be allowed to litigate issues which have already been decided by a court of competent jurisdiction.”…
Division and case type: Environment and LandCivil Suit
…Under rule 1(3) of order vii Civil Procedure Rules, the Superior Court however had a discretion – it had jurisdiction instead of striking out the plaint to make any other appropriate orders such as giving the plaintiffs another…
Division and case type: CivilCivil Appeal
…essentials bear comparison with the facts of the one before the Court, and they otherwise bear a reasonable measure of similarity to it, Kenyan authorities should be used to the exclusion of others, save those from neighbouring jurisdiction…
Division and case type: Anti-CorruptionCivil Appeal
…client, but in my view we must treat each of the cases, not as a matter of form, not as a matter to be decided on the mere proof of a former acting for a client but, as a matter of substance, before we allow the special jurisdiction…
Division and case type: CivilCivil Appeal
…As we pointed out in….. on inequitable conduct ‘recent authorities have supported a much wider jurisdiction to interfere in cases where the assertion of strict legal rights is found by the Court to be unconscionable (Snells…
…On appeals following the up-holding by the judge (Barch C J) of the objection taken by the respondent (defendant) therein that both should have been signed by the plainti because he was a resident within the jurisdiction…
Division and case type: CivilCivil Appeal
…MUIRU GIKANGA & ANOTHER, [1965] E.A. 735 at pages 738 and 739 where after setting out the provisions of regulation 4 of the Kenya (Jurisdiction of Courts and Pending Proceedings), Regulations, 1963 which is similar to section…