Case law
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Division and case type: FamilySuccession Cause
…Rahab Michere Nene thereupon filed Cross-petition and Answer to the petition as well as Objection to making of the grant on 17th August, 1984 and 26th July, 1984 respectively.…
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: FamilySuccession Cause
…It is sufficient that the petitioner and the beneficiaries of the estate of the deceased acknowledge that a certain amount which is to be established during the hearing of the petition and the objections filed is due and…
…This court cannot on its own motion grant the right to administer the estate of the deceased to any particular person before it has heard and determined the objection and cross petition that are on record.…
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: FamilySuccession Cause
…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: 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: FamilySuccession Cause
…She did not have to wait to see the gazette notice in order to raise objection. She was the main player in the whole game without whose consent the exercise became a nullity.…
Division and case type: Milimani Commercial CourtsSuccession Cause
…Mwangi Chege counsel for the administrators submitted that the estate of the deceased was gazetted after the grant had been issued but not yet confirmed and there was no objection raised by anybody.That besides, there were…
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: FamilySuccession Cause
…It is my view that the executor would only have been required to propound the will and to begin had the proceeding been an objection to the making of a Grant under Rule 17 of Probate and Rules.…