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…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…

…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.…

…Rahab Michere Nene thereupon filed Cross-petition and Answer to the petition as well as Objection to making of the grant on 17th August, 1984 and 26th July, 1984 respectively.…

…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…

…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.…

…It is sufficient that the petitioner and the beneficiaries of the estate of the deceased acknowledge that a certain amount which is to be established during the hearing of the petition and the objections filed is due and…

…This court cannot on its own motion grant the right to administer the estate of the deceased to any particular person before it has heard and determined the objection and cross petition that are on record.…

…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.…

…She did not have to wait to see the gazette notice in order to raise objection. She was the main player in the whole game without whose consent the exercise became a nullity.…

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

…On 7/8/92, the objector filed an objection to the attachment of the current vehicles, KZZ 658.…

…Mwangi Chege counsel for the administrators submitted that the estate of the deceased was gazetted after the grant had been issued but not yet confirmed and there was no objection raised by anybody.That besides, there were…

…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…

…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.…

…It is my view that the executor would only have been required to propound the will and to begin had the proceeding been an objection to the making of a Grant under Rule 17 of Probate and Rules.…

…That the application is not incompetent because order 6 rule 12 and order 50 rule 12 states: (a) That no technical objection can be allowed on any pleading.…