Case law
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Division and case type: Environment and Land CourtCivil Suit
…[NOTICE OF PRELIMINARY OBJECTION DATED THE 10TH JANUARY 2023] 1.…
…Their preliminary objection is without merit. c. That as the plaintiff did not participate in the hearing of the preliminary objection no order on costs will be issued. 7.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…By a notice of preliminary objection dated 15.7.2024, the respondent raised a preliminary objection to the appellant’s petition of appeal filed on the 9.7.2024, on the following grounds: i) That there is lack of appealable…
…The affidavit was in support of the preliminary objection. The parties filed submissions on the preliminary objection.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…a preliminary objection. 2.…
…Law JA., observed that: So far as I am aware a Preliminary Objection consists of a point of law which has been pleaded or which arises by clear implication out of pleading and which if argued as Preliminary Objection may…
Division and case type: CivilCivil Suit
….….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…
Division and case type: Environment and Land CourtCivil Suit
…A preliminary objection is ordinarily argued on points of law and is canvassed through submissions.…
…Sir Charles Newbold P. further observed: "A preliminary objection is in the nature of what used to be a demurrer.…
Division and case type: High Court DivCivil Appeal
…2004 cannot pass muster as a procedurally-designed Preliminary Objection.…
…, on the hand” This limb of the Preliminary Objection therefore fails.…
Division and case type: High Court CivilCivil Appeal
…In his determination of the Preliminary Objection, the trial Magistrate found that there existed a relationship between the appellant and the 1st respondent and further that the points raised in the preliminary objection…
…The question this court is faced with is whether the appellant’s preliminary objection was a Preliminary Objection as envisaged by law and case law.…
Division and case type: High Court DivCivil Appeal
…The impugned ruling arose as a result of a Preliminary Objection raised by the respondents herein.…
…Upon a careful consideration of the Preliminary objection submissions and list of authorities filed by the parties, the following issue arises for determination: Whether the Respondents’ Notice of Preliminary Objection dated…
Division and case type: High Court DivCivil Appeal
…A Preliminary Objection must only raise issues of law.…
…Preliminary Objection by the 1st Defendant is not a true Preliminary Objection in the sense of the law.…
Division and case type: Environment and Land CourtCivil Suit
…This ruling is in respect of the Preliminary Objection raised by the 10th Defendant vide the Notice of Preliminary Objection dated 5th June, 2025.…
…Plaintiff and the 3rd Defendant responded to the Preliminary Objection.…
Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff opposed this application by filing a Preliminary Objection on 19th January 2026.…
…objection brings me to the point where I hold that the Preliminary Objection by the 1st Defendant is not a true Preliminary Objection in the sense of the law.…
Division and case type: Environment and Land CourtCivil Suit
…Before this Court for determination is the Preliminary Objection dated 25th November 2025 raised by the 2nd, 3rd, 4th and 5th Defendants.…
…A preliminary objection is ordinarily argued on points of law and is canvassed through submissions.…
Division and case type: High Court DivCivil Appeal
…I will proceed to determine whether the preliminary objection is sustainable. 4. The law on preliminary objections is well settled.…
…raised by the Respondents does not amount to a preliminary objection. 14.…
Division and case type: Environment and Land CourtCivil Suit
…The issue for determination is whether the preliminary objection meets the fundamental threshold of a preliminary objection as per case of Mukisa Biscuits Manufacturing Company Limited -vs- West End Distributors (1969) EA…
…A preliminary objection should be purely on points of law.…
Division and case type: High Court CivilCivil Suit
…Therefore in order for a Preliminary Objection to succeed, the following tests must be satisfied;- (i) The Preliminary Objection should raise a pure point of law.…
…(ii) The Preliminary Objection must be argued on the assumption that all the facts pleaded are correct.…
Division and case type: High Court CivilCivil Suit
…Counsel for the Plaintiff submitted that they are opposed to the Preliminary Objection and that the Plaintiff’s list of Authorities dated 23rd June 2026 stated what a Preliminary Objection is. 14.…
…Counsel submitted that the fact that there is existence of contested facts then the Preliminary Objection is not proper. Counsel prayed that the Preliminary Objection be dismissed with costs. 16.…
Division and case type: High Court CivilCivil Appeal
…A preliminary objection as correctly understood is now well settled.…
…The preliminary Objection did not raise a pure point of law or any point of law.…
Division and case type: Environment and Land CourtCivil Suit
…This court has considered the preliminary objection and is of the view that the main issue for determination is whether the preliminary objection is merited. 12. In the case of Mukisa Biscuit Manufacturing Co. Ltd vs.…
…Therefore ground 1,2 and 3 of the Preliminary Objection ultimately fail. 16. The Preliminary Objection is based on a plea of res sub judice.…
Division and case type: Environment and Land CourtCivil Suit
…After careful consideration of the application and the notice of preliminary objection and the submission thereto I find that the issues for determination is whether the notice of preliminary objection and application dated…
…A notice of preliminary objection was discussed in Mukisa Biscuits Manufacturing Ltd –vs- West End Distributors (1969) EA 696 where their Lordships observed thus: “----a preliminary objection consists of a point of law which…
Division and case type: High Court CivilCivil Suit
…The Plaintiff has thus urged the court to dismiss the preliminary objection accordingly. Oral Submissions The Preliminary Objection was canvassed through oral submissions.…
…This issue is set out under grounds 1, 2 and 3 of the Preliminary Objection.…