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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…

…The Plaintiff's submissions dated 20th June 2026 oppose the objection on the ground that the objection itself is not a true preliminary objection since it expressly relies upon pleadings, affidavits and the record of proceedings…

…The sole issue falling for determination is whether the objection raised constitutes a proper preliminary objection capable of disposing of the suit. Determination 11.…

…Where factual matters become necessary, the objection ceases to be a true preliminary objection. This position was succinctly stated by the Court in Oraro v Mbaja [2005] eKLR, where Ojwang J.…

…The Plaintiff's submissions dated 20th June 2026 oppose the objection on the ground that the objection itself is not a true preliminary objection since it expressly relies upon pleadings, affidavits and the record of proceedings…

…[NOTICE OF PRELIMINARY OBJECTION DATED THE 10TH JANUARY 2023] 1.…

…objection which court should allow to proceed.…

…The first is whether the objection is competent and properly before the court, having regard to the threshold objections taken by the decree holder.…

…The threshold objections 10. I take first the objection founded on Order 9 rule 9.…

…This objection was supported by affidavits sworn on the same date by Serah Musiani and the Plaintiff's counsel, Jonathan Omangi. The preliminary objection is anchored on the following primary grounds: a.   …

…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.…

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

…threshold of a Preliminary Objection capable of determining the suit in limine?…

…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 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.…

…This Court has considered the preliminary objection, the law, the pleadings of the parties, and the submissions herein. The sole main issue for determination is whether the Objection is merited.…

…Attendant to it is who to bear the costs of either the Objection or both the objection and the suit of the Preliminary Objection succeeds. 9.…

…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.…

…(iv) A valid Preliminary Objection ought if successful dispose of the entire suit. 15.…

…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 Notice of Preliminary Objection is predicated upon the following grounds: i.…

…That the costs of the suit and the Preliminary Objection be awarded to the Defendants. 3. The objection raises a threshold jurisdictional question.…

…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.…

…The Defendants have through a Notice of Preliminary objection dated 15th October 2024 opposed the Plaintiff’s claim.…

…Counsel for the parties canvassed the preliminary objection by way of written submissions. 5. I have carefully considered the pleadings, the preliminary objection, the rival submissions and the cases cited.…

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

…According to the Black Law Dictionary a Preliminary Objection is defined as being; “In case before the tribunal, an objection that if upheld, would render further proceeding before the tribunal impossible or unnecessary………

…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.…

…The Plaintiff confirmed that his objection was OBJECTION NO. 29 OF 2002. Nevertheless, in the outcome of the OBJECTION NO. 27 OF 2002, the Plaintiff was awarded only 20 acres.…

…However, only one Objection has been produced before the Court and that Objection is not the one that related to his claim.…

…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.…