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…On this day, the only Respondent who made an appearance is the 1stRespondent, the Attorney General who has led a Notice if Preliminary Objection raising jurisdictional issues. 6. Mr.…

…Under the Constitution of Kenya (Supervisory jurisdiction and Protection of Fundamental Rights and Freedom of the Individual) High Court Practice and Procedure Rule, 2006 directions have been given as to the hearing of a…

…He asserted that jurisdiction is conferred by the Constitution or statues or both and that in the case before the lower court, Shanzu Law Courts had jurisdiction to hear the case.…

…Magolo indicated that they were challenging territorial jurisdiction.…

…Accordingly, this court has no jurisdiction to hear and determine stale proceedings. 19.…

…The question is, did the Magistrate’s court have the jurisdiction to tax the advocate/client bill of costs? 24. Jurisdiction is everything, without which, a court of law acts in vain.…

…There is no allegation that the respondents’ suit was wrongly filed in the Magistrate’s Court; in other words, it is not alleged that the magistrate has no jurisdiction to try the respondents’ case.…

…counterclaim was “filed” in a Court without jurisdiction and accordingly this Court has no jurisdiction to transfer it.…

…162 (2) of the Constitution (by Act No. 19 of 2011) with exclusive jurisdiction over “the environment and use and occupation of, and title to, land”, the matter of jurisdictional boundaries of the High Court and the Environment…

…Article 165 (3) (b) and 5 (b) of the the Constitution demarcates the High Court's jurisdiction on enforcement of the Bill of Rights and excludes the jurisdiction inrespect of matters falling within the jurisdiction of the…

…So the present appeal to us is on sentence on which we would normally have no jurisdiction if the sentence on which we would normally have no jurisdiction if the sentence is lawful.…

…To this extent that sentence was unlawful and this gives us jurisdiction to deal with the matter. We therefore set aside the strokes imposed for housebreaking in Criminal Case NO 989/88.…

…There is no appeal from that finding and it is difficult for a court exercising revisionary jurisdiction to fault the lower court on a finding of a fact.…

…I think my proper jurisdiction in an issue of this kind is the one given by section 149(4) of Criminal Procedure Code – to remit or reduce a fine imposed by the lower court.…

…It was urged that the magistrate misdirected himself in holding that the elders had no jurisdiction, that the magistrate should have held that all cases of trespass had to be heard by elders, that because the sale agreement…

…The appellants relied on section (1) of the Magistrates’ Courts Act, cap 10 which provides, “9A(1) Notwithstanding the provisions of sections 5 and 9 or of any other written law conferring jurisdiction, but subject to the…

…Consequently, the court found it lacked jurisdiction to grant leave and dismissed the application..…

…made - whether the six-month limitation period prescribed under section 9(3) of the Law Reform Act for filing an application for leave to apply for an order of certiorari was mandatory and absolute - whether the court had jurisdiction…

…The defendant, through Ms BEN OCHIENG & CO ADVOCATES, filed a defence in which he pleaded that this court has no jurisdiction to hear and determine this suit or to grant the reliefs sought by the plaintiff pursuant to the…

…Kithi has submitted that the High Court, pursuant to the provisions of Section 60 of the Constitution, has unlimited civil jurisdiction and therefore that the suit is not incompetent.…

…The second one is that this Court lacks jurisdiction to entertain the application. Mr.…

…The result was that the application is presently grounded on the inherent jurisdiction of the Court. Two issues are raised by the application. Firstly whether this Court possesses the jurisdiction to entertain it.…

…shall be liable to be sued in any Court for the execution of any warrant order or process which he would have been bound to execute if within the jurisdiction of the person issuing the same.”…

…Those are Judge, magistrate or justice of peace and any other person acting judicially and who at the time of acting he acted in good faith believing he had jurisdiction to act.…

…Affidavit or otherwise that the defendant with intent to obstruct or delay the execution of any decree that may be passed against him is about to remove the whole or any part of his property from the local limits of the jurisdiction…

…That is because there is now sufficient proof that after the filing of the first application which sought the attachment of 5 trucks and their trailers, two of those trailers and trucks were spirited away from the jurisdiction…

…It has been said many times by this Court that we have no inherent jurisdiction, and that we can only hear an appeal if the right thereof is conferred by statute.…

…As section 361 is specifically stated not to apply to a decision such as the one appealed from in this case, it follows that we have no jurisdiction to entertain these appeals.…

…2006 to apply or judicial review order of certiorari to quash the Resident Magistrate’s order of 6th March 2006 in CMCC number 817 of 2006 restraining the Respondent from selling the vehicle as the same was given without jurisdiction…

…Both the applications which had been served upon the Appellant’s advocate were fixed for hearing on 30th march 2006 before the Principal Magistrate who had jurisdiction in the matter.…

…Mr Nagpal was of the view that parties cannot by agreement confer jurisdiction on the Court where none exists.…

…What I understood him to be saying , although he denied it, was that the Court had no jurisdiction to make the order dated 24th September, 1976, because by then there was no suit the same having abated.…

…So that in the defence and counter-claim, the defendant pleads that the Business Premises Tribunal has no jurisdiction to deal with the dispute between it and the plaintiff while for the purposes of resisting the plaintiff…

…’s application for summary judgment the defendant contends that the Tribunal has jurisdiction and “there are triable issues in the matter to be heard” before the Tribunal.…

…It was instructive that the Applicant filed the application when another Judge (Bwonwong’a J) had assumed jurisdiction in this court after the transfer of Chemitei J.…

…It was apparent that the Applicant wrongly presumed that since Chemitei J no longer exercised jurisdiction in this court, then another Judge would consider his application on the same issue which a ruling had already been…

…It was submitted that he had no jurisdiction to let it go forth because he was functus officio quoad the injunction. He could not sit on appeal from his own refusal to grant one.…

…The applicant’s reply was that the trial judge had jurisdiction to preserve the subject matter of the dispute until the appeal was concluded. He knew all along the relevant facts and law.…