Search court decisions

…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…

…LTD V WEST END DISTRIBUTORS LTD and stated that this case set out what ought to be regarded as a proper preliminary objection.…

…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.…

…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 that the 2nd Defendant was obliged to bring a formal application to have her preliminary objection argued. The Notice that was filed and served was satisfactory.…

…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.…

…The court now looks again at the three grounds of objection filed by Mr Ombaka against the preliminary objection raised by Mr Oraro.…

…This leaves the preliminary objection to be considered on the two grounds put forward. They are each to be considered separately.…

…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.…

…Oluoch made orders that the preliminary objection by Wangondu & company Advocates for the defendants be heard first.…

…The preliminary objection as I understand it is to the hearing the suit itself on the grounds that the plaintiff failed to challenge award delivered in Succession Cause No. 46 of 1981 in time or at all.…

…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…

…The court now looks again at the three grounds of objection filed by Mr Ombaka against the preliminary objection raised by Mr Oraro.…

…This leaves the preliminary objection to be considered on the two grounds put forward. They are each to be considered separately.…

…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.”…

…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.…

…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…

…Owing to the nature of the applicant's application and in the public interest, we reserved our ruling to the preliminary objection raised by the counsels for the respondent and the interested party.…

…This now is our ruling in regard to the said preliminary objection.…

…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.…

…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.…

…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…

…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…