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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…

…The court now looks again at the three grounds of objection filed by Mr Ombaka against the preliminary objection raised by Mr Oraro.…

…This leaves the preliminary objection to be considered on the two grounds put forward. They are each to be considered separately.…

…The court now looks again at the three grounds of objection filed by Mr Ombaka against the preliminary objection raised by Mr Oraro.…

…This leaves the preliminary objection to be considered on the two grounds put forward. They are each to be considered separately.…

…A preliminary objection is in the nature of what used to be a demurrer. It raises a pure point of law which Is argued on the assumption that all the facts pleaded by the other side are correct.…

…The improper raising of points by way of preliminary objection does nothing but unnecessarily increase costs and, on occasion, confuse the issues. This improper practice should stop.”…

…Nagpal, for the Respondent to this application, has taken preliminary objection which, he says, goes to the jurisdiction of this court.…

…We accordingly dismiss the preliminary objection and proceed to determine the question raised by the Notice of Motion filed on 26th March, 1984. Dated at Nairobi this 17th day of April, 1984.…

…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.…

…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.…

…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…

…objection which the Judge overruled.…

…Owing to the nature of the applicant's application and in the public interest, we reserved our ruling to the preliminary objection raised by the counsels for the respondent and the interested party.…

…This now is our ruling in regard to the said preliminary objection.…

…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?…

…At the hearing of the appeal, counsel for the respondent raised a preliminary objection to the jurisdiction of the High Court to entertain the appeal.…

…This Court in an unanimous decision, upheld the Preliminary Objection and struck out the appeal as incompetent.…

…Momanyi remains at liberty to take any preliminary objection onany issues that he may wish to take. It is entirely for him to decide on this atthe time of the hearing.…

…The issue was taken as a preliminary objection when the trial began on March 24, 1981, and it was upheld and Wamunyama was non-suited.…

…Mwirichia for the debtor has raised a preliminary objection to the validity of the application.…

…At the commencement of the hearing inter partes, Mr Alibhai for the defendants, raised a preliminary objection to the effect that as the appellant firm was under receivership, its directors could not bring an action against…

…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.…

…The appellant raised a preliminary objection that the suit was time - barred. This was upheld and the suit dismissed. The respondent appealed to the Senior Resident Magistrate's court.…

…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…

…objection being raised before the trial on behalf of the Respondent, the Defendant in the suit, he had ruled that leave to institute the proceedings which the Appellant had obtained ex parte, from a judge of the superior…

…court under the limitation Act, could not be challenged by way of a preliminary objection, but, as the learned judge put it, “at the trial …. on evidence and submissions.”.…