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….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…objection. “1.…

…Mr Ombaka in his grounds of objection alleged inter alia that: “1.…

…The record of proceedings so far, show that with respect to the interjection of the objection.…

…With great respect, it is my firm view that purported words of courtesy in the objection correspondence apart, the gist of the objection is no more and no less than saying- “In the interest of justice we ask for Judges of…

…objection. “1.…

…Mr Ombaka in his grounds of objection alleged inter alia that: “1.…

…Mr Lee Muthoga who acted for the respondent in the High Court, also appearing before us, has raised a preliminary objection to say that the appeal is incompetent for at least the following four reasons: 1.…

…We will first deal with the third and fourth objections.…

…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…

…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…

…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…

…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…

…At the beginning of the subsequent, inter partes hearing of the related application, a preliminary objection was raised on behalf of the 2nd respondent that the applicants had no locus standi to bring the action they had…

…This same ground was among the grounds of objection filed on behalf of the 1st sefendant.…

…Mwirichia for the debtor has raised a preliminary objection to the validity of the application.…

…Before I deal with this objection I shall hereunder briefly set out the history of this matter:- On 30th November, 1988 receiving order was made against the official receiver was constituted as receiver of the debtor estate…

…At the commencement of the trial on 12th August, 1992, counsel for the appellant raised a preliminary objection and asked for the suit to be struck out on the ground that it had been prematurely brought without the dispute…

…The Judge overruled the objection because he found as a fact that the appellant had not complied with the mandatory provisions of section 6 of the Arbitration Act (Cap 49).…

…The High Court after hearing argument from both Counsel for the Defendant and for the plaintiff dismissed the preliminary objection. Hence the filing of this appeal.…

…The same complaint is levied against the Judge who heard and dismissed the preliminary objection. Why is it that the court is said to have gone wrong in allowing the exparte application?…

…If objection is then made, it will be the duty of the judge to consider the objection and exercise his judgment upon it.…

…He would be as wrong to yield to a tenuous or frivolous objection as he would to ignore an objection of substance.…

…The case of Toms v Cunning [1846] 7 Man & G88 was an objection to retain the name of Samuel Augel in the list of voters.…

…I was held on appeal: “A notice of objection, and also the duplicate notice where notice of objection is sent by the post, must be personally signed by the objector.” 26.…

…On that day Mr Ngatia raised his preliminary objections and on 29th April 1994, Aluoch J delivered a ruling in which she dismissed all the objections.…

…raised against the suit for the same objections were raised before Lady Justice Aluoch, heard and determined.…

…One of the cases relied upon by the defendant in the superior court at the stage when objection was taken to the amended plaint (as it stood after incorporation of amendments ordered by this Court on 8th June, 1990) was Perestrello…

…When the suit came up for hearing proper for the first time the defendant took a preliminary point (objection in limine) that plaint did not disclose a cause of action.…

…Anticipating Mr Muthoga’s objection, he relied upon Parker LJ’s views in Rosengrens Ltd v Safe Deposit Centres Ltd [1984] 3 All ER 198 where at p 200 the learned Lord Justice remarked:- “The process of giving security in…

…Richard Wainaina on behalf of the respondent’s family told them that there was no objection to their getting married and Saidi Salim Kaittany (D.W.6) on behalf of the deceased’s family said that they too had no objection…

…Alhaji Salim Chepkaittany is now estopped forever from raising any objection to the deceased’s burial at his Belgut Farm.…

…that arose during the hearing of the appeal and which has been considered at some length in the judgments of my Lords Shah and Bosire, is whether the learned judge of the superior court was right when, upon the preliminary objection…

…And such an order, where the objection to it is of the character here set up by the appellants, can only be so set aside in an action or proceeding directed to that special end.…

…At the commencement of the hearing inter partes, Mr Alibhai for the defendants, raised a preliminary objection to the effect that as the appellant firm was under receivership, its directors could not bring an action against…