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….….DEFENDANTS RULING The 1st to 10th defendants raised a preliminary objection to the Plaintiff’s suit on the grounds that the suit was misconceived, incompetent and bad in law as it contravened the provisions of Section…

…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…

…In regards to the ground No. 3 objection I am in total agreement with the applicant that is not a proper preliminary objection because the court cannot determine on a preliminary objection whether an application is vexatious…

…DEFENDANTS R U L I N G The 2nd Defendant has raised a preliminary objection on the ground that this suit is barred by the Limitation of Actions Act (Cap 22).…

…Chacha for the Plaintiff argues that the objection ought to be rejected as the 2nd Defendant ought o have made a formal application since if the preliminary objection were to be upheld it would have the effect of striking…

…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…

…The Hon Judge overruled this preliminary objection on the grounds that the High Court had inherent jurisdiction to hear matters, section 60 of the Constitution being relied on.…

…Oluoch made orders that the preliminary objection by Wangondu & company Advocates for the defendants be heard first.…

…The defendants rely on in support of this objection the provisions in orders 45 rule 16, order 45 rule 17(a) and order 20 45 rule 17(2) of the Civil Procedure Rules.…

…In his affidavit decree holder asserted that the objection to the attachment is a fictitious one.…

…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…

…(b) That the attachment of motor vehicle together with its load of sisal be set aside until final determination of the objection proceedings herein.…

…In view of the ruling of Mbaluto J the objection proceeding were a futile exercise.…

…The preliminary objection here is in all the grounds cited cannot be sustained. They are not decisive in law. The first question of Limitation depends on the time calculated from the date the cause action arose.…

…Preliminary objection refused. DELIVERED this 26th day of September 2003. A. I. HAYANGA JUDGE Read to Mary for Applicant…

…Even testing the situation here against the requirement of the matter being directly and substantially in issue, the objection raised becomes difficult to sustain.…

…So on this objection what is favorable to the respondents seems to be the sameness of the land and applicant. The other aspects from which one should be made to apply the doctrine of res judicata, are missing.…

…The gist of his objection is that under para A6(a) Part I of the Fourth Schedule to the said Act any dispute or difference should in the first instance be referred to a board appointed under the said Act.…

…I therefore dismiss the preliminary objection with costs. The plaintiff may now set down his application for an order to strike out the defence for hearing.…

…He did not readily have authority to buttress his objection. So he requested for time to conduct a research on the matter. He was allowed time up to 4th May, 1989, when the application next came for a hearing.…

…Accordingly the preliminary objection succeeds. The correspondence must be and are hereby expunged. Order accordingly. Dated and Delivered at Mombasa this 18th Day of May, 1989 S.E.O. BOSIRE ……….......….. JUDGE…

…However, before the application could be argued on its merits, Mr Vohra for the respondent raised a preliminary objection to the effect that the application is misconceived in that it is asking for an order to commit the…

…From the above discussion, I find that the preliminary objection raised by Mr Vohra has succeeded and I award him costs to that effect.…

…The growing practice of advocates swearing affidavits on behalf of their clients must cease forthwith and in an appropriate case this Court will not hesitate to strike out such affidavits, particularly if an objection is…

…In the present application, no objection was, or could have been raised as both advocates are equally guilty.…

…The plaintiff as respondent in the application has raised objection, in limine, arguing the prayer for striking out should not have been joined with one for dismissal of the suit for want of prosecution.…

…He has also raised objection that the application for striking out having not been made promptly that it is to say, before the close of pleadings it has been made too late.…

…The said application is supported by an affidavit sworn by the counsel for the defendant/applicant to which grounds of objection and affidavit in reply have been filed on behalf of the plaintiff/respondent.…

…His father did not raise any objections to the sale. Thereafter the father did not lay any claim on the land.…

…He was however duly served but filed no objection and therefore they are deemed to be the issues in this case.…

…Where such an application is allowed without objection, the time will be deemed to have been extended and the legal representatives to have been properly brought on the record.” (Emphasis supplied).…

…In the circumstances of this case I am of the firm view and so rule that it lies with the result that I uphold the preliminary objection.…

…Ngatia has objected to this cause on the ground that the application has been argued on the basis of preliminary objection and therefore and therefore the application must be dismissed. I agree with Mr. Ngatia.…

…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…