Case law
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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: 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: 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: 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…