Case law
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Division and case type: CivilCivil Appeal
…Analysis (a) The Question o f Jurisdiction 42. The 1st respondent submitted that this Court has no jurisdiction to entertain the Notice of Motion.…
…In each of those decisions, the Court has considered dierent angles of the jurisdictional question.…
Division and case type: CivilCivil Suit
…Sub-section (2) thereof gives a District Magistrate’s Court jurisdiction to settle disputes and make declarations for the purposes of proceedings instituted under subsection (1)(b) of the Section.…
…It is obvious that the suit violates the aforesaid provisions which expressly confer jurisdiction upon a District Magistrate’s Court to determine disputes such as the present.…
Division and case type: CriminalCriminal Appeal
…Notwithstanding the provisions 4 of the said Code, I am of the view that a court which has no power to impose a minim sentence required by the penal provisions cannot have jurisdiction to try and determine the offence under…
…The conviction by Court without jurisdiction is a nullity and so is sentence. Both are quashed. The appellant be taken forthwith before a court of competent jurisdiction for a fresh trial.…
Division and case type: CriminalCriminal Appeal
…Section 200 of the Criminal Procedure Code enacts : (a) Subject to subsection (3), where a magistrate, after having heard and recorded the whole or part of the evidence in a trial, ceases to exercise jurisdiction therein…
…and is succeeded by another magistrate who has and exercises that jurisdiction, the succeeding magistrate may : Deliver a judgment that has been written and signed but not delivered by his predecessor; or Where judgment has…
Division and case type: CivilCivil Appeal
…The order of 17.7.95 went on: 'This case involves a dispute in land and therefore it has been caught up by Act 18 of 1990 which took away the jurisdiction of courts.…
…This court as constituted had equal and concurrent jurisdiction with the court Osiemo Judge presided over leading to the ruling under attack.…
Division and case type: CriminalCriminal Case
…It follows therefore that a person aggrieved by the Attorney General’s termination of criminal proceedings may invoke the High Court’s judicial review jurisdiction.…
…By the fact alone of this quasi-judicial review character, it follows that an aggrieved person, by the Attorney General’s termination of criminal proceeding, may invoke the High Court’s Judicial Review jurisdiction.…
Division and case type: CriminalCriminal Appeal
…As we explained to Mr Otumba, we have no jurisdiction to entertain ground 3 of the memorandum of appeal, which was against the sentence.…
…Even if it were possible for us to ascertain to whom the vehicle KWL 653 belonged we would have no jurisdiction to make any order in respect of its destination.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CivilCivil Appeal
…That the learned District Magistrate erred in law and in fact in handling a case having no jurisdiction to do so. This appeal was filed way back in April 1997 but for unknown reasons it was never prosecuted.…
…Due to the nature of the proceedings, this appeal should be allowed and the matter referred to retrial but looking at the pleadings, certain issues emerge that touches on the validity of the claims and the jurisdiction of…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: Employment and Labour RelationsCase number Cause
…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…
Division and case type: CriminalCriminal Case
…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…
Division and case type: FamilySuccession Cause
…The question is whether the Murang’a Senior Principal Magistrate’s Court had the pecuniary jurisdiction to hear and determine the cause.…
…It is obvious the trial Court had no pecuniary jurisdiction to hear the matter. Consequently the appeal is allowed. The proceedings and the order confirming the grant are set aside.…
Division and case type: CriminalCriminal Appeal
…The issue of identification raised by the appellant took away his appeal from the provisions of section 352(2) and the learned Judge had no jurisdiction to summarily dismiss the appeal under that section.…
Division and case type: CriminalCriminal Appeal
…The issue of identification raised by the appellant took away his appeal from the provisions of section 352(2) and the learned Judge had no jurisdiction to summarily dismiss the appeal under that section.…
Division and case type: CriminalCriminal Appeal
…He was, we think, then disqualified from hearing the case and should have transferred it to another magistrate of competent jurisdiction.…
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: 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 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…