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…Mr A A Esmail acting for the Petitioning Creditor has raised a preliminary objection that Mr Khaminwa could not have acted on behalf of the Company which is already in the control of the provisional liquidator (hereinafter…

…More so because he is the receiver and manager of its assets, I therefore uphold Mr Esmail’ preliminary objection and dismiss the application before me with costs as it does not lie.…

…Havi had no objection to Mr. Kibe’s application for adjournment on 6/6/2011 for taking out the application dated 24/10/2008 scheduled to be heard on 9/6/2011 when Mr. Kibe was before the Court of Appeal.…

…Havi raised no objection at all.…

…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…

…However, before the application could be argued on its merits, Mr Vohra for the respondent raised a preliminary objection to the effect that the application is misconceived in that it is asking for an order to commit the…

…From the above discussion, I find that the preliminary objection raised by Mr Vohra has succeeded and I award him costs to that effect.…

…By a Notice of Preliminary Objection, the second respondent, through counsel states that this honourable Court has no jurisdiction to entertain the petition by virtue of the provisions of the National Assembly (Powers and…

…On the other hand, Mr Githu Muigai, the learned counsel for the petitioner opposed the preliminary objection on the basis of sections 44 and 60 of the Constitution as well as section 18 of the National Assembly and Presidential…

…By a Notice of Preliminary Objection, the second respondent, through counsel states that this honourable Court has no jurisdiction to entertain the petition by virtue of the provisions of the National Assembly (Powers and…

…On the other hand, Mr Githu Muigai, the learned counsel for the petitioner opposed the preliminary objection on the basis of sections 44 and 60 of the Constitution as well as section 18 of the National Assembly and Presidential…

…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.…

…His father did not raise any objections to the sale. Thereafter the father did not lay any claim on the land.…

…He was however duly served but filed no objection and therefore they are deemed to be the issues in this case.…

…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…

…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.…

…Where such an application is allowed without objection, the time will be deemed to have been extended and the legal representatives to have been properly brought on the record.” (Emphasis supplied).…

…In the circumstances of this case I am of the firm view and so rule that it lies with the result that I uphold the preliminary objection.…

…The said application is supported by an affidavit sworn by the counsel for the defendant/applicant to which grounds of objection and affidavit in reply have been filed on behalf of the plaintiff/respondent.…

…Ngatia has objected to this cause on the ground that the application has been argued on the basis of preliminary objection and therefore and therefore the application must be dismissed. I agree with Mr. Ngatia.…

…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.…

…If it is true the Plaintiff and her husband had any interest in that piece of land, they or one of them could have sought to be made a party I the Succession Cause or should have raised objection to the proceedings.…

…There followed no objection in a court of law from the Plaintiff or her husband with regard to the Succession Cause. To date no such objection. It is 34 years since 1963.…

…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.…

…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…

…On 7/8/92, the objector filed an objection to the attachment of the current vehicles, KZZ 658.…

…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…