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…The application was made on the grounds that: · The 1st respondent acted in excess of its jurisdiction in awarding the suit land to the interested party. · The decision of the 1st respondent was ultra vires the mandatory…

…provisions of section 6 of the Land Control Act. · The 1st respondent acted ultra vires its jurisdiction as set out under section 3 (1) of the Land Disputes Tribunal Act. · That the 1st respondent dealt with a matter that…

…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…

…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…

…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.…

…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.…

…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…

…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.…

…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…

…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…

…The court stated as follows: “We cannot but emphasize the importance of precise claims in due process, substantive justice, and the exercise of jurisdiction by a court.…

…In essence, due process, substantive justice and the exercise of jurisdiction are a function of precise legal and factual claims. However, we also note that precision is not coterminous with exactitude.…