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…Machukia Advocate in the firm of Ms Ben Ochieng & Co Advocates has taken up this matter in the Notice of Preliminary Objection filed and has asked that the suit filed by the Plaintiff amounts to an abuse of the court process…

…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…

…The basis of Mr Chunga’s preliminary objection was that the appellant, having been convicted after he had unequivocably pleaded guilty to the offence as charged, was barred by virtue of the provisions of section 348 of the…

…The plaintiffs, application is objected to by the 1st defendant and grounds of the objection were filed on 5th August, 1987.The application was, it is observed, served upon the 2nd defendant but made no appearance at the…

…ATTORNEY GENERAL ….......................... 6TH RESPONDENT RULING (1) Preliminary Objection has been taken by the 3rd and 4th Respondents, represented respectively by Mr. Opulu and Mr.…

…making all private disputes as to ownership of property as applications for the enforcement of the constitutional right to property should be discouraged. (12) For the reasons set out above, I find merit in the Preliminary Objection…

…There are two objections to this. The first quote from paragraph 1187 clearly relates to a covenant for clear title running with the land on the sale of that land to someone else.…

…The second objection relates to paragraph 3046 above quoted.…

…The defendant in his notice of objection has stated that the defence raise substantial issues for trial and that the case should proceed to hearing and determined on merit.…

…Kassim Shah’s objection was unsuccessful. The result was that the application is presently grounded on the inherent jurisdiction of the Court. Two issues are raised by the application.…

…Acting in pursuance to the provisions of clause 20(a) of the main contract the DR, without the objection of the contractor, on 18th February, 1980, appointed or nominated Instrumentation Ltd as a sub-contractor of the contractor…

…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.…

…The defendants told the plaintiff in their letter dated 17/10/2003:- “We have no objection to surrender or lease to pave way for issuance of new Title with new approved change of user for PSS provided that a replacement lease…

…The defendant stated:- “We have no objection subject to and on condition that the parties do execution a replacement lease to be registered simultaneously with the lease.”…

…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.…

…The court stated as follows:- "There has been no application to set aside the Award nor has there been an objection to this application in terms of Order 50 rule 16.…

…The Respondent had also filed a Notice of Preliminary Objection dated 26th February 2012.…

…The Preliminary Objection was determined apriory and was dismissed by a Ruling of this court dated 24th May 2012 thus paving a way for the hearing of this application. 4.…

…The defence had no objection and the court made orders for the withdrawal to that suit with costs to the defendant and with a further order that the defendant do proceed to process the counter claim for hearing and final…

…However counsel for the petitioner senior counsel Lee Muthoga who argued the petitioner’s objection to this motion urged this court very strongly not to feel bound by the judgment of the Judges of Appeal on the Kibaki Moi…

…His main submissions were not affected and I would apply the provisions of order 18 rule 7 CPA and dismiss the objections as mere technicalities.…

…Be that as it may the entire record ofproceedings, evidence and Ruling in Principal Magistrate's CriminalCase No. 1578/89 in which the defendant was the accused wastendered in evidence, without objection by counsel for thedefendant…

…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.…