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…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…

…2004 cannot pass muster as a procedurally-designed Preliminary Objection.…

…, on the hand” This limb of the Preliminary Objection therefore fails.…

…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.…

…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…

…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.…

…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.…

…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.…

…The definition of a Preliminary Objection was given in the case of MUKISA BISCUITS MANUFACTURING COMPANY LTD -VS- WEST END DISTIBUTORS LTD [1969] EA where the court stated as follows:- “A preliminary objection consists of…

…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.…

…The trial court heard the preliminary objection and in a ruling dated 23 rd November 2023, it struck out the claim for lack of jurisdiction but did not address the second limb of the preliminary objection which precipitated…

…I choose to begin with the argument that the preliminary objection did not qualify as such. What is a preliminary objection has been addressed and settled in various judicial authorities.…

…The Respondent avers that the Preliminary Objection was rightly dismissed on 13/5/2025 after submissions by both parties.…

…It is trite law that Preliminary Objections must be founded on clear pure points of law.…

…objection in its ruling. iii.…

…objection. 15.…

…That there was no defence on record when the Preliminary Objection was filed and as such the Preliminary Objection was incompetently before the court and could not stand in the absence of a defence.…

…Objection was considered and the court held that the Preliminary Objection had no basis in the absence of a defence.…

…The preliminary objection was canvassed by way of written submissions.…

…I have considered the Notice of Preliminary Objection, the pleadings on record, and the rival submissions and authorities. The Preliminary Objection 4.…

…The Appellant opposed the Preliminary Objection through a Replying Affidavit sworn on 4th June 2024 contending that the issue of immunity raised contested factual matters unsuitable for determination through a preliminary…

…It was submitted that immunity from legal process constitutes a jurisdictional issue properly raised through a Preliminary Objection. 21.…

…The respondent contended that its preliminary objection before the lower court raised a pure point of law on the question of limitation.…

…Firstly, whether the issue raised in the respondent’s preliminary objection before the trial court was a pure point of law, and secondly, whether the trial court was right in upholding the said preliminary objection. 10.…

…J.J Masiga, PM in Kakamega CMCC E253 of 2024 on the appellant's preliminary objection dated 7.1.25.…

…In Oraro -v- Mbaja (2005) 1 KLR 141 the court considered what constitutes a preliminary objection and held as follows: “The principle is abundantly clear, a’ preliminary objection’ correctly understood, is now well defined…

…The Preliminary Objection was canvassed by way of written submissions.…

…Further, in Independent Electoral & Boundaries Commission -vs- Jane Cheperenger & 2 Others [2015] eKLR, the Supreme Court made the following observation relating to preliminary objections: “The true preliminary objection…

…In determining a preliminary objection therefore only the impugned law, the plaint and preliminary objection are looked at. If you have to refer to the defence, then the preliminary objection is untenable.…

…If the court has to look at documents, then there is no preliminary objection. The so called preliminary objection is not a point of law.…

…The preliminary objection was disposed of by way of submissions and the trial court dismissed the preliminary objection vide ruling dated 3/6/2024 and gave orders authorizing the respondent to sell by action all the perishable…

…This court will begin by determining the preliminary objection raised, as it is capable of disposing of the suit. A Preliminary Objection was described in the Mukisa Biscuits Manufacturing Co.…