Business/commercial law question and answer

  • In relation to the structure of courts in your
    • Explain the composition and jurisdiction of the Court of (6 marks)
    • What is the composition and powers of the industrial court?

ANSWER
Court of Appeal

Composition
Judges of this court are referred to as “judges of appeal” and are the Chief Justice and such other number not less that 2 as may be prescribed the parliament. Currently the number is 8.

Jurisdiction
It is primarily an appellate court with jurisdiction to hear criminal a civil appeals from the High Court, however, it exercises limited original jurisdiction in that it has jurisdiction stay the execution of an order of the high court pending on appeal and can punish contempt of court.

In addition it has jurisdiction to:
• Receive additional evidence
• Decide a case with finality
• To frame issues for the determination of another court.
• To order a retrial.

Decisions of the Court of Appeal are final and bind those of other courts in similar cases.

(ii) Repeated question 2 (b) Nov. 1999 replaced with a new question

What is the composition and powers of the Kadhis court

Composition
The court is duly constituted when held the chief kadhis or a kadhi duly appointed the judicial service commission.

Jurisdiction
It exercises original jurisdiction in civil cases only. Under section 66(5) of the constitution and section 5 (1) of the Kadhi court Act, its jurisdiction is limited to the determination of question of Muslim law on marriage, divorce, succession, and personal status in proceedings in which all parties profess Muslim faith.

However, the court has no exclusive jurisdiction to hear such cases. Other courts have jurisdiction. The evidence applicable is governed Islamic law all witnesses must be heard without discrimination. A decision of the court may be appealed against in the High Court.



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