Case law
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Division and case type: CivilCivil Case
…objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application.…
…The order sought having been granted on the ex parte application a hearing inter partes of the same was fixed for 4th May 1989 when the preliminary objection was taken as stated above.…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…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 that the 2nd Defendant was obliged to bring a formal application to have her preliminary objection argued. The Notice that was filed and served was satisfactory.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…The Respondent had also filed a Notice of Preliminary Objection dated 26th February 2012.…
…The Preliminary Objection was determined apriory and was dismissed by a Ruling of this court dated 24th May 2012 thus paving a way for the hearing of this application. 4.…