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…The Petitioners'' answer to the preliminary objection. 4. The Petitioners, through their advocates, filed an answer to the preliminary objection, denying that Nyeri ELC Petition No.12 of 2015 was concluded.…

…The Court found as follows: "That re-statement of the limited scope of a preliminary objection brings me to the point where I hold that the Preliminary Objection by the 1st Defendant is not a true Preliminary Objection in…

…The 2nd respondents, through the Attorney General, has filed a notice of preliminary objection dated 15th July 2024 before hearing of the appeal herein.…

…The court directed the parties to file written submissions for the preliminary objection and only the 2nd respondent complied. The first respondent stated that he supported the preliminary objection.…

…[2ND RESPONDENT’S PRELIMINARY OBJECTION DATED THE 6TH FEBRUARY 2023] 1. The 2nd respondent has filed a notice of preliminary objection dated 6th February 2023 against the petition herein on the following grounds: 1.…

…On 3rd October 2023, 20th November 2023, 24th January 2024 and 11th April 2024, the court issued directions on filing and exchanging submissions on the preliminary objection.…

…The prosecution opposed the Preliminary Objection and the Lower Court dismissed the same. 4.…

…The Appellant submitted that once a Preliminary Objection is raised, the Court must deal with it first.…

…LIMITED-VERSUS- WESTEND DISTRIBUTORS LIMITED (1969) EA,696, a Preliminary Objection was described as follows; - “a preliminary objection consists of a point of law which has been pleaded or which arises by clear implication…

…that guide preliminary objections.…

…Parties cited relevant judicial precedents on what a Preliminary Objection entails.…

…A preliminary Objection rests on the proposition that when raised, its fundamental achievement will have a bearing on disposing of a matter because it raises pure points of law.…

…The respondent has raised a preliminary objection to the appellant’s / appeal filed by the appellant on the grounds that the appellant has no capacity to file the appeal.…

…He submits that he opposed the ODDP’s oral preliminary objection.…

…RESPONDENTS SUBMISSION ON PRELIMINARY OBJECTION 3.…

…APPELLANT’S RESPONSE TO THE PRELIMINARY OBJECTION 21.…

…I dismissed the preliminary objection with costs of Kshs. 25,000/= to the petitioners payable within 14 days in my ruling of 7 March 2023.…

…In fact, my own view of the preliminary objection is that it was a frivolous and uncalled for objection. I may of course be wrong and the Court of Appeal could very well reverse that.…

…Parties filed submissions on the Preliminary Objection save for the 1st Respondent whose counsel indicated to the Court that they were in support of the Preliminary Objection and would not be filing submissions. 8.…

…It is clear that a preliminary objection arises on a point of law only. Any factual point and matter that requires long drawn out argument to establish other than the law falls short of a preliminary objection.…

…This Court will start by defining what amounts to a preliminary objection. In the case of Mukhisa Biscuit Manufacturing Co.…

…Ltd –vs- West End Distributors Ltd (1969) EA 696, Sir Charles Newbold defined a Preliminary objection as follows: “A Preliminary Objection consists of a point of law which has been pleaded or which arises by clear implication…

…Notice of Preliminary Objection 7.   …

…The legal threshold for a preliminary objection is well settled.…

…The 3rd respondent, filed the notice of preliminary objection, dated the 11th October 2023, raising two grounds that actually constitute one ground, that the suit offends the doctrine of exhaustion, as the petitioners have…

…The issues for determinations by the court on the 3rd respondent’s preliminary objections are as follows: a. Whether the court is with jurisdiction in the petition in view of the doctrine of exhaustion. b.…

…The Respondent was required to file a formal preliminary objection, by court order of 11.2.2025 but  upto now no preliminary objection has been filed against the Application dated 24.1.2024.…

…This court takes the view that the respondent has abandoned the preliminary objection. 2. Since the prosecutor said had not seen the Application let the Applicant reserve the Application upon the Respondent. 3.…

…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.…

…I have considered the preliminary objection. The same seeks to have this suit tsruck off as the it is res judicata.…

…The issue for determination is whether the Respondents’ preliminary objection has satisfied the threshold or not. The leading decision on Preliminary Objections is the case of Mukisa Biscuit Manufacturing Co.…

…RULING The 2nd to 5th Respondents in the present Petition (hereinafter referred to as “the Applicants”) filed a Preliminary Objection dated 04.09.2024 (hereinafter referred to as “the present P.O”) against the Petitioner’…

…However, before this Court proceeds to the merits and/or demerits of the present PO, it is important to remind itself the ingredients of what can be deemed to be a determinable Preliminary Objection.…

…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.…

…B. 5TH RESPONDENT’S NOTICE OF PRELIMINARY OBJECTION 3.…

…The upshot of the foregoing is that the court finds merit in the 5th respondent’s notice of preliminary objection and the same is hereby upheld.…