Case law
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Division and case type: Employment and Labour Relations CourtClaim/Causes
…He submitted that following judgment in Mombasa ELRC Petition E004 of 2024, delivered on 23 January 2025, the court held he had no legal authority to represent the union or attend before the court.…
…The respondent representative's concession that he lacks the requisite legal authority to attend to these proceedings has severe consequences.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
The Claimant alleged that the Respondent unlawfully terminated her employment in 2019 after a series of incidents including defamatory emails, physical attacks, and disciplinary actions. She claimed the Respondent's board lacked legal authority due to unregistered status under the Non-Governmental Organizations Co-ordination Act and failed to provide fair proceedings, pay salaries, or address her complaints. The Respondent admitted her appointment but denied misconduct, asserting the new board was validly elected and acted fairly during the disciplinary hearing. The court found the termination unlawful due to the Respondent's failure to comply with legal requirements for board registration and the absence of proper disciplinary procedures.
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Applicants property has been illegally invaded, subdivided, partitioned and trespassed on to by the Respondent without a Grant of Probate and therefore without any legal authority and the Respondent has continued to prevent…
…The Respondent has been in extensive development and control of the subject property without any legal authority and is therefore a trespasser.…
Division and case type: Environment and Land CourtJudicial Review
…It was further contended that the suit property never formed part of government land and that the respondent had no legal authority under the constitution, the Government Lands Act (now repealed) or any other law to revoke…
…The court agrees with the Applicant’s submission that the 1st Respondent had no legal authority to revoke a certificate of lease duly issued upon an extension of lease by the relevant authorities.…
Division and case type: High Court FamilyFamily Miscellaneous
…dated 30.6.2026, the applicant seeks that Robert Ashiona Munzala,herein after called ward, be declared person suffering from mental disorder and the applicants be made legal guardians and further that they be granted full legal…
…authority in making decisions regarding his daily welfare and to be able to manage his estate, bank accounts and funds held in the name of the ward.…
Division and case type: High Court DivCriminal Miscellaneous Application
…This court does not possess any legal authority to interfere with or revise any orders of a court of concurrent jurisdiction. It is functus officio in this matter.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Munayi Opondo Isaac has no legal authority to act for or file the applications on behalf of the Plaintiff. 14. Regarding representation by the firm of Omusolo Mungai & Co.…
…Munayi Isaac Opondo lacks the legal authority to act for the Plaintiff in this matter. b) That the firm of Omusolo Mungai & Co.…
Division and case type: High Court FamilyFamily P&A Ad Litem
…interests of her said late husband's estate as well as hers and those of the children in the said Succession Cause hence the need for a limited grant representation. e) That unless this Honorable Court grants her such limited legal…
…authority, the Applicant would lack locus standi to represent the interests of her said late husband's estate. f) That this application is filed in good faith, and no prejudice will be occasioned to other lawful beneficiaries…
Division and case type: Environment and Land CourtELC Land Appeal
…Whether the court has the legal authority to resurrect a case that has already gone through both a full trial and a failed appeal, if it has, ii. …
…On the first issue for determination, as to whether the court has the legal authority to resurrect a case that has already gone through both a full trial and a failed appeal, there is no dispute that the original trial took…
Division and case type: High Court FamilyFamily Appeal
…If the 2nd Appellant wished to step into the shoes of his father then he must demonstrate that he has legal authority to represent that estate through a Grant.…
…I therefore find that the 2nd Appellant has no legal authority to represent the estate of his late father. 26. Finally I find merit in this Appeal.…
Division and case type: High Court FamilyFamily P&A Ad Litem
…In opposing the application the 1st Respondent avers that the Applicant does not have the legal authority to represent the estate of the late Meli Silandi Nasololo.…
…authority to represent the estate of Meli Silandi Nasololo.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…suit property and has resided therein for over 7 years; That the 1st and 2nd Defendants have conspired to illegally and irregularly occupy, take possession and/or use the Plaintiff’s property without any justification or legal…
…authority; That the 1st and 2nd Defendants have made clear their intentions to unlawfully take over the suit property by using any possible means including the use of force despite the Plaintiff’s and plea to have them stop…
Division and case type: High Court FamilyFamily P&A Ad Litem
…That unless this Honorable Court grants her such limited legal authority, the Applicant would lack locus standi to represent the interests of her said late husband's estate. f.…
Division and case type: High Court Commercial and TaxCommercial Matters
…There is therefore no evidence to show that the deponent has the legal authority to act on behalf of the estate of the deceased.…
Division and case type: High Court FamilyFamily Appeal
…The Appellant, therefore, contends that the deceased lacked legal authority to exchange land he did not own, and the agreement is deemed legally invalid. 8.…
…This court has no jurisdiction to determine whether a person who is not the registered owner has the legal authority to transfer or swap land that is not in his name.…
Division and case type: High Court FamilyFamily P&A Intestate
…As such no party had the legal authority to sell any part of the estate to a third party.…
…Therefore notwithstanding the fact that Peter Warutere was one of the administrators of the estate, he had no legal authority to sell any part of the estate as the Grant was yet to be confirmed.…
Division and case type: High Court FamilyFamily P&A Testate
…The Respondents’ ongoing cultivation, even if consistent with past practice and in full knowledge of the Applicants, lacks legal authority without a grant; hence, maintaining the status quo ensures that the land remains intact…
…While the evidence of leasing to third parties is insufficient, the Respondents’ actions constitute intermeddling under Section 45 of the Law of Succession Act, as they lack legal authority pending the grant of probate. 35…
Division and case type: High Court FamilyFamily P&A Intestate
…No legal authority has been produced to confer her the rights to institute this claim on behalf of the Estate of her late husband. 3) That the objectors are neither beneficiaries nor dependants of the Deceased and have no…
…No legal authority has been produced to confer her the rights to institute this claim on behalf of the Estate of her late husband.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Therefore, the party invoking the doctrine must demonstrate that the earlier forum was properly seized of the matter, had the legal authority to adjudicate upon it, and its decision was valid and binding.…
Division and case type: ELC LandELC Land Civil Suit
…They contend that the position taken by the Defendant is legally flawed because substituting the witness to testify to facts regarding encroachment does not amount to the transfer of grant of administration or the legal authority…