Case law
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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: Milimani Commercial CourtsCivil Suit
…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…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CriminalCriminal Appeal
…By a notice of objection dated December 2, 1986, Mr Chunga, Assistant Deputy Public Prosecutor, on behalf of the Attorney-General gave notice that the Republic would raise a preliminary objection under section 348 of the…
…The two issues could not be considered separately since the very point on which the appellant wanted to adduce additional evidence was the very point relied on by Mr Chunga as the basis of his preliminary objection viz the…
Division and case type: CivilCivil Suit
…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…
Division and case type: CriminalCriminal Appeal
…No objection was raised to the joinder of this charge at the trial and we do not think that it was improper in the circumstances of this case.…
…It is for this purpose that the rule is that the objection must be taken at the earliest opportunity; and here we congratulate counsel for trying to safeguard their clients at the right time, a chance missed in Musinga’s…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CriminalCriminal Appeal
…The main ground of objection raised on his behalf in this appeal was that if the evidence in the case was properly assessed, there was no evidence at all to support the conviction.…
Division and case type: CriminalCriminal Appeal
…The said notice invited comments or objections which were to be submitted to the Chairperson of the 1st Respondent within 15 days from the date of publication.…
…In the absence of any valid objections, allocation was to take place after the expiry of 30 days from the date of the publication. 5.…
Division and case type: CriminalCriminal Appeal
…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…
…The judges upheld the preliminary objection raised by Mr Chunga and struck out the appellant’s appeal against conviction, but as regards sentence, they reduced it to 3 years because they found that in the assessment of sentence…
Division and case type: COMMERCIAL DIVISIONCivil Suit
…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…
Division and case type: CivilCivil Suit
…On 7/8/92, the objector filed an objection to the attachment of the current vehicles, KZZ 658.…
Division and case type: CivilCivil Suit
…Machukia Advocate in the firm of Ms Ben Ochieng & Co Advocates has taken up this matter in the Notice of Preliminary Objection filed and has asked that the suit filed by the Plaintiff amounts to an abuse of the court process…
Division and case type: CriminalCriminal Appeal
…Chunga’s objection to our jurisdiction. Mr. Rao points to section 361 (7) of the Code as constituting that statutory authorization.…
…We are satisfied there is no statutory authorization for the appellant’s appeal to us and we accordingly uphold the preliminary objection raised by Mr. Chunga.…
Division and case type: CriminalCriminal Appeal
…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…
…The basis of Mr Chunga’s preliminary objection was that the appellant, having been convicted after he had unequivocably pleaded guilty to the offence as charged, was barred by virtue of the provisions of section 348 of the…
Division and case type: CriminalCriminal Appeal
…omission or irregularity has occasioned a failure of justice: Provided that in determining whether an error, omission or irregularity has occasioned a failure of justice the Court shall have regard to the questions whether the objection…
…Of course I am satisfied that the objection being raised now in this appeal could not have been raised at an earlier stage in the proceedings becausethe appellants, laymen in law, were not represented by an advocate before…
Division and case type: CivilCivil Suit
…The court stated as follows:- "There has been no application to set aside the Award nor has there been an objection to this application in terms of Order 50 rule 16.…
Division and case type: CriminalCriminal Appeal
…The senior state counsel prosecuting suggested that course and the defence counsel told the court that he had no objection.…
…We are surprised that defence counsel at the trial, who must have been alive to this aspect of the case, made no objection to the admissibility of this evidence.…
Division and case type: CriminalCriminal Appeal
…of that which he has sworn (unless the reason of his having done so is satisfactorily accounted for), his evidence should not have much weight with a jury, and if he has formerly sworn the contrary, the fact (although no objection…
…Musyoka-Annan’s argument, that at no time did he, as counsel for the 1st and 3rd appellants during the trial, register any objection to this course.…