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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…

…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.…

…Whether the preliminary objection has merit or not, and what orders to issue. Who bears the costs?…

…I therefore find and hold that the ground on the preliminary objection raises a pure point of law.…

…The Petitioners'' answer to the preliminary objection. 4. The Petitioners, through their advocates, filed an answer to the preliminary objection, denying that Nyeri ELC Petition No.12 of 2015 was concluded.…

…The Court found as follows: "That re-statement of the limited scope of a preliminary objection brings me to the point where I hold that the Preliminary Objection by the 1st Defendant is not a true Preliminary Objection in…

…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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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.…

…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…

…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.…

…He urged this Court to find that the Notice of Preliminary Objection is not merited as the suit requires evidentiary proof. He prayed for the Notice of Preliminary Objection to be dismissed with costs to the plaintiffs.…

…I have considered the Notice of Preliminary Objection and the written submissions by both Counsel. The issue for determination is if the Preliminary Objection should be sustained. 10.…

…Mbithi and supported the Preliminary Objection. 5. In his Submissions Mr.…

…Having analysed the Notice of preliminary objection as well as the rival submissions by the parties, the court frames the sole issue for determination as follows, i) Whether the Preliminary objection before court meets the…

…This court has considered the Preliminary Objection and submissions therein.…

…The improper practice should stop” In the case of Attorney General & Another vs Andrew Mwaura Githinji & another (2016) eKLR the court outlined the scope and nature of preliminarily objection as; (i) A preliminary objection…

…The preliminary objection was canvassed by way of oral submissions. 3. Mr.…

…I have considered the preliminary objection and the oral submissions. I find the issue for determination is whether the preliminary objection has merit. 6.…

…(On a preliminary objection) 1. The plaintiff brought this suit against defendants, the first of whom was a private citizen, and the other three, public offices.…

…Soon after the filing of the defense, the 1st Defendant raised a preliminary objection to the instant suit. The preliminary objection was dated 29th October 2024. He raised it on the following grounds: 1.…

…As stated earlier the Preliminary Objection was opposed. ANALYSIS AND DETERMINATION 8.…

…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.…