Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Suit
….….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…
Division and case type: Milimani Commercial CourtsCivil Suit
…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…
…In regards to the ground No. 3 objection I am in total agreement with the applicant that is not a proper preliminary objection because the court cannot determine on a preliminary objection whether an application is vexatious…
Division and case type: CivilCivil Suit
…Oluoch made orders that the preliminary objection by Wangondu & company Advocates for the defendants be heard first.…
…The defendants rely on in support of this objection the provisions in orders 45 rule 16, order 45 rule 17(a) and order 20 45 rule 17(2) of the Civil Procedure Rules.…
Division and case type: CivilMiscellaneous Application
…This now is our ruling in regard to the said preliminary objection.…
…on these objections before a decision was reached on the matter.…
Division and case type: CivilMiscellaneous Application
…Nagpal, for the Respondent to this application, has taken preliminary objection which, he says, goes to the jurisdiction of this court.…
…1983, and which the Respondent sought to continue when the matter came before porter J, inter partes, and the replacement of the late Mr Humphrey Slade by Mr R E G Rusell, to whom, there is, personally, stated to be no objection…
Division and case type: CivilMiscellaneous Application
…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.”…
Division and case type: CivilCivil Suit
…The gist of his objection is that under para A6(a) Part I of the Fourth Schedule to the said Act any dispute or difference should in the first instance be referred to a board appointed under the said Act.…
…I therefore dismiss the preliminary objection with costs. The plaintiff may now set down his application for an order to strike out the defence for hearing.…
Division and case type: CivilCivil Suit
…He did not readily have authority to buttress his objection. So he requested for time to conduct a research on the matter. He was allowed time up to 4th May, 1989, when the application next came for a hearing.…
…Accordingly the preliminary objection succeeds. The correspondence must be and are hereby expunged. Order accordingly. Dated and Delivered at Mombasa this 18th Day of May, 1989 S.E.O. BOSIRE ……….......….. JUDGE…
Division and case type: CivilMiscellaneous Application
…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 Suit
…The plaintiff as respondent in the application has raised objection, in limine, arguing the prayer for striking out should not have been joined with one for dismissal of the suit for want of prosecution.…
…He has also raised objection that the application for striking out having not been made promptly that it is to say, before the close of pleadings it has been made too late.…
Division and case type: CivilMiscellaneous Application
…the provisions of Order 50 Rule 12 of the Civil Procedure Rules which provides:- “(12) Every order, rule or other statutory provision under or by virtue of which any application is made must ordinarily be stated, but no objection…
…Order VI Rule 12 would also buffet the applicant against any objection by the respondents on grounds of want of form.…
Division and case type: ELRCMiscellaneous Application
…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: COMMERCIAL DIVISIONCivil Suit
…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…
Division and case type: CivilCivil Suit
…On 7/8/92, the objector filed an objection to the attachment of the current vehicles, KZZ 658.…
Division and case type: CivilCivil Suit
…Machukia Advocate in the firm of Ms Ben Ochieng & Co Advocates has taken up this matter in the Notice of Preliminary Objection filed and has asked that the suit filed by the Plaintiff amounts to an abuse of the court process…
Division and case type: CivilCivil Suit
…The court stated as follows:- "There has been no application to set aside the Award nor has there been an objection to this application in terms of Order 50 rule 16.…
Division and case type: CivilMiscellaneous Application
…1983 rankled, however, so the applicant, by another summons in chambers asked the same judge to review it giving as the main ground for doing so the provisions of order VI rule 12 (cap 21) which are that: “No technical objection…
Division and case type: CivilCivil Suit
…That the application is not incompetent because order 6 rule 12 and order 50 rule 12 states: (a) That no technical objection can be allowed on any pleading.…