Case law
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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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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.…
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.…