Search court decisions

…Court is bound by the decision of the Supreme Court.…

…ISSUE No. 2 – WAS THE RESPONDENT’S CAUSE OF ACTION AND/OR CLAIM AN ISSUE IN THE SUPREME COURT JUDGMENT PRONOUNCED ON 15TH DECEMBER, 2023?…

…Whether the court should stay the proceedings pending the hearing and determination of the Supreme Court Petition No. E009 of 2024 7.…

…The applicant seeks a stay of these proceedings pending the hearing of the Supreme Court Petition No. E009 of 2024.…

…The Supreme Court on 06.12.2024 upheld the Court of Appeal’s determination on Liability but set aside the award of damages.…

…Further, it was contended that this court lacked jurisdiction to review the operative judgment of the Supreme Court.…

…The Applicants also relied on the Supreme Court decision in the case of Stephen Maina Githiga & 5 others –vs- Kiru Tea Factory Company Ltd (2019) eKLR where the Supreme Court allowed amendment of a notice of motion in terms…

…The decisions of the Supreme Court bind all other courts except the Supreme Court itself. In the case of Stephen Maina Githiga (Supra), the Supreme Court allowed amendment to a notice of motion.…

…The Plaintiff appealed to the Supreme Court and on 23rd January 2026 the Supreme Court in Petition No.…

…The defendant further argues that the Proposed Joinder Is not Consistent with The Supreme Court's Remittal.…

…Giovanni Gnnechi-Ruscone, Supreme Court, Application No. 4 of 2012, this Court was categorical that a Court has to be moved under a specific provision of the law.…

…We reiterate that the only legal regime for the Supreme Court is the Constitution, the Supreme Court Act and the Supreme Court Rules, 2012 (as amended).…

…Based on the decision of the Supreme Court that only the Environment and Land Court has jurisdiction to entertain issues of adverse possession, the Applicant is now seeking to transfer the said file to the ELC.…

…The Applicant’s application would have been merited before the decision by the Supreme Court taking away the jurisdiction of the lower court to hear adverse possession matters.…

…Counsel cited the Supreme Court decision in Kenya National Commission on Human Rights v Attorney General; Independent Electoral & Boundaries Commission & 16 others (Interested Parties) (Advisory Opinion Reference 1 of 2017…

…Counsel also relied on the Supreme Court decision in Kenya National Commission on Human Rights (Supra). 7.   …

…The right of action accrued to the plaintiffs in 1926 when the supreme court at Mombasa vested suit on the predecessor of the 1st defendant. c.…

…Counsel claim that the supreme court at Mombasa vested the 1st defendant with title in 1926 and hence the plaintiffs could not recover the suit property by limitation of section 7 of the Limitation of Actions Act.…

…The Supreme Court of India in Chunilal Mehta v Century Spinning and Manufacturing Co.…

…Court.…

…In the case of Prem Lala Nahata & Anor vs Chandi Prasad Sikaria (2007) 2 Supreme Court Cases 551, the India Supreme Court held that; “It cannot be disputed that the Court has power to consolidate suits in appropriate cases…

…In the case of Law Society of Kenya vs Center for Human Rights & Democracy & 12 Others (2014) eKLR, the Supreme Court of Kenya held that; “The essence of consolidation is to facilitate the efficient and expeditious disposal…

…See the decisions in MWK v PKI [2021] eKLR, Republic v Karisa Chengo & 2 others (Supreme Court Petition No. 5 of 2015) [2017] eKLR, Patrick Musimba v National Land Commission & 4 others [2016] eKLR and Sabina Moraa Swanya…

…In Samuel Kamau Macharia & another v Kenya Commercial Bank Limited & 2 others [2012] eKLR, Application No 2 of 2011, the Supreme Court reiterated its holding on a court’s jurisdiction.…

…Karisa Chengo [2017] eKLR, the Supreme Court determined that; “The limits of this authority are imposed by the statute, charter or commission under which the Court is constituted, and may be extended or restricted by like…

…Kenya Commercial Bank Limited & 2 others (2012) Eklr, the Supreme Court held; “A Court’s jurisdiction flows from either the Constitution or legislation or both.…

…Placing reliance on the decision in the Supreme Court decision in the case of Bia Tosha vs Kenya Breweries Limited as well as Ngima Gichuna vs South Nyanza.…

…Court in its decision in the case Petition No.…

…The doctrine of functus officio is discussed at length in the Supreme Court decision of Raila Odinga & 2 others v Independent Electoral & Boundaries Commission & 3 Others [2013] eKLR: “18.…

…The appellant seem to believe that had the Supreme Court of Kenya decision in the case of Nicholus versus Attorney General & 7 others; National Environmental Complaints Committee & 5 others (Interested Parties) (Petition…

…The starting point is the decision of the Supreme Court in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2014] eKLR.…

…The Supreme Court’s decision in County Executive of Kisumu is instructive. The obligation is not merely to explain why the applicant did not know of the decision.…

…To contextualise the document’s relevance, the Appellant cited the Supreme Court decision in Dina Management Ltd v County Government of Mombasa & 5 others [2023] KESC 30 (KLR), to support the proposition that where a title…

…The 1st Respondent concurs with the Applicant on the parameters for admitting new evidence as set by the Supreme Court in Mohammed Abdi Mahamud v Ahmed Abdullahi Mohamad & 3 Others (supra), and further relies on the Court…

…To contextualise the document’s relevance, the Appellant cited the Supreme Court decision in Dina Management Ltd v County Government of Mombasa & 5 others [2023] KESC 30 (KLR), to support the proposition that where a title…

…The 1st Respondent concurs with the Applicant on the parameters for admitting new evidence as set by the Supreme Court in Mohammed Abdi Mahamud v Ahmed Abdullahi Mohamad & 3 Others (supra), and further relies on the Court…

…In John Florence Maritime Services limited and another vs Cabinet Secretary, Transport and Infrastructure and 3 others [2021] eKLR [Supreme Court of Kenya] and in Motende vs Teachers Service Commission [Cause E013 of 2025…

…This doctrine of exhaustion was tested in the Supreme Court in the same case.…