Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Case
…Accordingly, the objection was argued as a preliminary point the future course of the application before the Court was depending on the outcome of the objection.…
…The order sought having been granted on the ex parte application a hearing inter partes of the same was fixed for 4th May 1989 when the preliminary objection was taken as stated above.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…
…In regards to the ground No. 3 objection I am in total agreement with the applicant that is not a proper preliminary objection because the court cannot determine on a preliminary objection whether an application is vexatious…
Division and case type: CivilCivil Case
…DEFENDANTS R U L I N G The 2nd Defendant has raised a preliminary objection on the ground that this suit is barred by the Limitation of Actions Act (Cap 22).…
…Chacha for the Plaintiff argues that the objection ought to be rejected as the 2nd Defendant ought o have made a formal application since if the preliminary objection were to be upheld it would have the effect of striking…
Division and case type: CivilCivil Appeal
…objection. “1.…
…Mr Ombaka in his grounds of objection alleged inter alia that: “1.…
Division and case type: CivilCivil Appeal
…objection. “1.…
…Mr Ombaka in his grounds of objection alleged inter alia that: “1.…
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: CivilCivil Case
…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…
…The Hon Judge overruled this preliminary objection on the grounds that the High Court had inherent jurisdiction to hear matters, section 60 of the Constitution being relied on.…
Division and case type: CivilCivil Suit
…Oluoch made orders that the preliminary objection by Wangondu & company Advocates for the defendants be heard first.…
…The defendants rely on in support of this objection the provisions in orders 45 rule 16, order 45 rule 17(a) and order 20 45 rule 17(2) of the Civil Procedure Rules.…
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: 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: CivilCivil Case
…The preliminary objection here is in all the grounds cited cannot be sustained. They are not decisive in law. The first question of Limitation depends on the time calculated from the date the cause action arose.…
…Preliminary objection refused. DELIVERED this 26th day of September 2003. A. I. HAYANGA JUDGE Read to Mary for Applicant…
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: CivilCivil Suit
…The gist of his objection is that under para A6(a) Part I of the Fourth Schedule to the said Act any dispute or difference should in the first instance be referred to a board appointed under the said Act.…
…I therefore dismiss the preliminary objection with costs. The plaintiff may now set down his application for an order to strike out the defence for hearing.…
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: CriminalCriminal Appeal
…By a notice of objection dated December 2, 1986, Mr Chunga, Assistant Deputy Public Prosecutor, on behalf of the Attorney-General gave notice that the Republic would raise a preliminary objection under section 348 of the…
…The two issues could not be considered separately since the very point on which the appellant wanted to adduce additional evidence was the very point relied on by Mr Chunga as the basis of his preliminary objection viz the…
Division and case type: CivilCivil Appeal
…At the beginning of the subsequent, inter partes hearing of the related application, a preliminary objection was raised on behalf of the 2nd respondent that the applicants had no locus standi to bring the action they had…
…This same ground was among the grounds of objection filed on behalf of the 1st sefendant.…
Division and case type: Commercial and TaxCivil Appeal
…Mwirichia for the debtor has raised a preliminary objection to the validity of the application.…
…Before I deal with this objection I shall hereunder briefly set out the history of this matter:- On 30th November, 1988 receiving order was made against the official receiver was constituted as receiver of the debtor estate…
Division and case type: Commercial and TaxCase number Winding Up Cause
…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.…
Division and case type: Milimani Commercial CourtsElection Petition
…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.…