Case law
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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: Constitutional and Human RightsPetition
…The court took up the Preliminary Objection first.…
…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…
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: Constitutional and Human RightsPetition
…The court took up the Preliminary Objection first.…
…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…
Division and case type: Constitutional and Human RightsPetition
…Any person aggrieved by the decision of the Judge upon any objection referred to such Judge under subsection 92) may, with leave of the Judge, but not otherwise, appeal to the Court of Appeal. 4.…
…The above provision is the procedure for lodging objections to the decisions of the Taxing Ocer.…
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: Constitutional and Human RightsPetition
…Starting with the first objection to the petition herein, namely that the petition was not sealed or signed by a court official, it is observed from the record copy of the petition on the file is duly sealed and signed by…
…I therefore find no merit in this objection. The second one is that a statutory notice was not given of 21 days. I think this is a misunderstanding of the relevant section.…
Division and case type: Constitutional and Human RightsPetition
…On this day, the only Respondent who made an appearance is the 1stRespondent, the Attorney General who has led a Notice if Preliminary Objection raising jurisdictional issues. 6. Mr.…
…That he had not had enough time to prepare for his Preliminary Objection and that he needed time to prepare and le his authorities and to serve the same on the applicant. 2.…
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: Constitutional and Human RightsPetition
…NO. 3590 OF 1995) ********************** RULING There being no objection to the application before me, which in fact is meritorious, I allow it as prayed.…
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: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…It is however opposed by the petitioner by a notice of preliminary objection, principally, on the ground of lack of locus standi - that “the Application is untenable as the same has been filed by an ill-defined body not vested…
…correspondence with National Land Commission, the Commission on Administrative Justice, the National Environment Management Authority and the National Construction Authority, among others, indicating its pursuit of its objection…
Division and case type: Environment and LandPetition
…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: Constitutional and Human RightsPetition
…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: Constitutional and Human RightsPetition
…The youngest David Murage Meshack aged 23 years and the eldest 40 years as at the time of filing of the objection. She has no quarrel with the list of assets as given by Sarah.…
…On that ground Margaret’s objection would fail.…
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: Constitutional and Human RightsPetition
…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…
…He submitted that although a charge can be amended at any time before the close of the prosecution’s case, an accused person has the right to raise an objection at the earliest stage.…