Case law
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Division and case type: CivilCivil Appeal
….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…
…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…
Division and case type: CivilCivil Appeal
….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…
…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…
Division and case type: CivilCivil Appeal
…objection. “1.…
…Mr Ombaka in his grounds of objection alleged inter alia that: “1.…
Division and case type: CivilCivil Appeal
…The record of proceedings so far, show that with respect to the interjection of the objection.…
…With great respect, it is my firm view that purported words of courtesy in the objection correspondence apart, the gist of the objection is no more and no less than saying- “In the interest of justice we ask for Judges of…
Division and case type: CivilCivil Appeal
…objection. “1.…
…Mr Ombaka in his grounds of objection alleged inter alia that: “1.…
Division and case type: Environment and LandCivil Appeal
…Any person aggrieved by the decision of the Judge upon any objection referred to such Judge under subsection 92) may, with leave of the Judge, but not otherwise, appeal to the Court of Appeal. 4.…
…The above provision is the procedure for lodging objections to the decisions of the Taxing Ocer.…
Division and case type: CivilCivil Appeal
…Mr Lee Muthoga who acted for the respondent in the High Court, also appearing before us, has raised a preliminary objection to say that the appeal is incompetent for at least the following four reasons: 1.…
…We will first deal with the third and fourth objections.…
Division and case type: CivilCivil Appeal
…No evidence was adduced to show that any objection was made in respect of the material parcel of land. It is notoriously dicult for there to be no objection after the publication of a register if there are errors.…
Division and case type: CivilCivil Appeal
…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…
…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…
Division and case type: CivilCivil Appeal
…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…
…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…
Division and case type: CivilCivil Appeal
…At the beginning of the subsequent, inter partes hearing of the related application, a preliminary objection was raised on behalf of the 2nd respondent that the applicants had no locus standi to bring the action they had…
…This same ground was among the grounds of objection filed on behalf of the 1st sefendant.…
Division and case type: Commercial and TaxCivil Appeal
…Mwirichia for the debtor has raised a preliminary objection to the validity of the application.…
…Before I deal with this objection I shall hereunder briefly set out the history of this matter:- On 30th November, 1988 receiving order was made against the official receiver was constituted as receiver of the debtor estate…
Division and case type: CivilCivil Appeal
…At the commencement of the trial on 12th August, 1992, counsel for the appellant raised a preliminary objection and asked for the suit to be struck out on the ground that it had been prematurely brought without the dispute…
…The Judge overruled the objection because he found as a fact that the appellant had not complied with the mandatory provisions of section 6 of the Arbitration Act (Cap 49).…
Division and case type: CivilCivil Appeal
…The High Court after hearing argument from both Counsel for the Defendant and for the plaintiff dismissed the preliminary objection. Hence the filing of this appeal.…
…The same complaint is levied against the Judge who heard and dismissed the preliminary objection. Why is it that the court is said to have gone wrong in allowing the exparte application?…
Division and case type: CivilCivil Appeal
…If objection is then made, it will be the duty of the judge to consider the objection and exercise his judgment upon it.…
…He would be as wrong to yield to a tenuous or frivolous objection as he would to ignore an objection of substance.…
Division and case type: CivilCivil Appeal
…The case of Toms v Cunning [1846] 7 Man & G88 was an objection to retain the name of Samuel Augel in the list of voters.…
…I was held on appeal: “A notice of objection, and also the duplicate notice where notice of objection is sent by the post, must be personally signed by the objector.” 26.…
Division and case type: CivilCivil 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: Environment and LandConstitutional Petition
…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: CivilCivil Appeal
…John Onyango and Javan Buleni unsuccessfully appealed to the High Court, Kakamega (Aganyanya J) hence the appeal to this court on the grounds that the judge erred in law in disallowing the appellant’s objection, that the…
…Before us, at the request of John Onyango, Javan Bulemi spoke for John Onyango after Mr Minishi for the respondent raised no objection.…
Division and case type: CivilCivil Appeal
…As regards the second objection, the court’s order was mandatory, and the plaintiff failed to obey it.…