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….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…The record of proceedings so far, show that with respect to the interjection of the objection.…

…With great respect, it is my firm view that purported words of courtesy in the objection correspondence apart, the gist of the objection is no more and no less than saying- “In the interest of justice we ask for Judges of…

…In his affidavit decree holder asserted that the objection to the attachment is a fictitious one.…

…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…

…Masika to respond to the said objection and I stated that I will incorporate my reasons for overruling Mrs. Mwangangi's objection in the final ruling. I now give these reasons.…

…As I have already pointed out I do not consider the defect in question as fundamental and the objection already stands dismissed.…

…(b) That the attachment of motor vehicle together with its load of sisal be set aside until final determination of the objection proceedings herein.…

…In view of the ruling of Mbaluto J the objection proceeding were a futile exercise.…

…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…

…Mr Lee Muthoga who acted for the respondent in the High Court, also appearing before us, has raised a preliminary objection to say that the appeal is incompetent for at least the following four reasons: 1.…

…We will first deal with the third and fourth objections.…

…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…

…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…

…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…

…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…

…Indeed, save for what appears in the ruling of the superior court annexed to their affidavit in support of this application, the overall effect of the preliminary objection taken by the applicants in that court to their case…

…It seems to me that it is the rejection of their preliminary objection in the superior court that is the subjectmatter of the applicants' intended appeal in respect of which this application is made.…

…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.…

…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…

…At the commencement of the trial on 12th August, 1992, counsel for the appellant raised a preliminary objection and asked for the suit to be struck out on the ground that it had been prematurely brought without the dispute…

…The Judge overruled the objection because he found as a fact that the appellant had not complied with the mandatory provisions of section 6 of the Arbitration Act (Cap 49).…

…The High Court after hearing argument from both Counsel for the Defendant and for the plaintiff dismissed the preliminary objection. Hence the filing of this appeal.…

…The same complaint is levied against the Judge who heard and dismissed the preliminary objection. Why is it that the court is said to have gone wrong in allowing the exparte 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.…

…NO. 3590 OF 1995) ********************** RULING There being no objection to the application before me, which in fact is meritorious, I allow it as prayed.…

…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.…

…The growing practice of advocates swearing affidavits on behalf of their clients must cease forthwith and in an appropriate case this Court will not hesitate to strike out such affidavits, particularly if an objection is…

…In the present application, no objection was, or could have been raised as both advocates are equally guilty.…

…Mr Balala for the respondents does not have any objection. In the circumstances and for the reasons given by Counsel for the applicant I grant the leave sought and order that the application be marked as withdrawn.…