Case law
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Division and case type: CivilCivil Appeal
…In ground 2 objection is taken because the learned judge should have held, as it is said, that the act of theft on the part of Securicor’s servant was not within the scope of his employment.…
Division and case type: CivilCivil Appeal
…That omission in view of the position in law to which we will revert in due course was fatal but, despite Mr Lakha’s objection and in the interest of justice, we received the original documents preferred by Mr Nowrojee during…
Division and case type: CivilCivil Appeal
…If objection had been taken against their representation, it would almost certainly have been sustained. So in this case, I am satisfied that we took the right decision when we allowed the appellant to proceed ex parte.…
Division and case type: CivilCivil Appeal
…This was taken as a preliminary objection by the appellant’s advocate, Mr Aboo, on September 22, 1983 before the High Court in Mombasa (Mr Justice Bhandari) to which Mr Kassim duly replied.…
Division and case type: CivilCivil Appeal
…To him therefore, these two meetings were deliberate attempts by those involved in them to pass resolutions affecting Stones Limited in his absence and without notice to him with the sole purpose of overcoming his objections…
…In a letter dated 5th November, 1990 addressed to Messrs Kaplan & Stratton, Advocates, the respondent therefore took strong objection to the holding of the two meetings and the passing of the resolutions thereat.…
Division and case type: CivilCivil Appeal
…Before Mr Muraguri for the respondent addressed us, Mr Bhasker Sheth raised an objection whether Mr Muraguri was properly before the court since he had not complied with rule 78(1)(a) of the Rules of this Court.…
Division and case type: CivilCivil Appeal
…But the objection taken to the quantum of the award appears to be taken as a matter f principle only.…
Division and case type: CivilCivil Appeal
…Counsel raised a preliminary objection on grounds, inter alia,that: (a). this Court does not have jurisdiction to entertain the Notice of Motion as the appeal does not lie as a matter of right, in the terms of Article 163…
Division and case type: CivilCivil Appeal
…The respondent objected to the appellant’s challenge of the superior court’s jurisdiction to entertain the claim since the appellant had led an unconditional appearance but the trial judge dismissed that objection.…
…As the issue goes to jurisdiction it was again raised before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge…
Division and case type: CivilCivil Appeal
…Justice Simpson in his ruling dismissed this preliminary objection and reserved its costs. The issue was simple and clear cut. Was Mary married t the deceased in accordance with Kikuyu custom?…
Division and case type: CivilCivil Appeal
…It is important to note that the principal petitioners Jasbir and Iqbal did not raise procedural objections to the manner in which Rai Ply was run.…
…declaration that the allegations in the Petition, if established, would not found a claim for relief under section 210 had been served on Mr Hickey, but counsel for the petitioner (Mr Asprey) has not raised any procedural objection…
Division and case type: CivilCivil Appeal
…THAT the Respondent did not have any objection to the release of the sugar as the same was not under detention or seizure as alleged by the Ex-parte Applicants and I filed a Replying Affidavit to that effect.…