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….…..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…

….…..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…

…By a notice of preliminary objection dated 15.7.2024, the respondent raised a preliminary objection to the appellant’s petition of appeal filed on the 9.7.2024, on the following grounds: i) That there is lack of appealable…

…The affidavit was in support of the preliminary objection. The parties filed submissions on the preliminary objection.…

…a preliminary objection. 2.…

…The central issue is whether the Appellant’s objection was a preliminary objection within the meaning of Mukisa Biscuits Manufacturing Co., Ltd [1969] EA 696.…

…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.…

…What constitutes the objection is the combination of the notice of objection, the answer to petition and the petition by way of cross-application.…

…It would appear that where the objector files a notice of objection but does not file the answer and the cross-petition then the objection pleadings would be incomplete and the court ought to disregard the notice of objection…

…The impugned ruling arose as a result of a Preliminary Objection raised by the respondents herein.…

…In determining whether the Preliminary Objection dated 12 th May 2022 meets the established legal threshold, it is crucial to first appreciate the definition and what constitutes of a Preliminary Objection in law. 17.…

…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.…

…Analysis Nature of a Preliminary Objection A preliminary objection is a pure point of law, which, if successful, may dispose of the entire matter.…

…Since such matters could not be determined at the preliminary stage without evidence, the Tribunal dismissed the objection.…

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

…Examples are an objection to the jurisdiction of the court or a plea of limitation or a submission that the parties are bound by the contract giving rise to the suit to refer the dispute to arbitration… a preliminary objection…

…A preliminary objection as correctly understood is now well settled.…

…objection which, the court should allow to proceed.…

…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.…

…Having looked at the objection and the cited Section of the Act, it is my finding that it qualified as preliminary objection.…

…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 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.…

…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.…

…The decision to this Preliminary Objection is the subject of the present appeal.…

…The objection thus lacks merit and is dismissed. Costs in the cause.”…

…The learned trial magistrate misdirected herself in her ruling as to the import of not pleading limitation of time in the defense and as to when a preliminary objection should be raised. iv.…

…That consequently, the trial court was therefore duty bound to uphold the Appellants’ preliminary objection since no leave had been obtained by the Respondents to file the suit out of time.…

…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.…