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…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.…

…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.…

…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.…

…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.…

…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?…

…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…

…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.…

…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.…

…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.…

…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.…

…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.…

…The case of Toms v Cunning [1846] 7 Man & G88 was an objection to retain the name of Samuel Augel in the list of voters.…

…I was held on appeal: “A notice of objection, and also the duplicate notice where notice of objection is sent by the post, must be personally signed by the objector.” 26.…

…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.…

…the provisions of Order 50 Rule 12 of the Civil Procedure Rules which provides:- “(12) Every order, rule or other statutory provision under or by virtue of which any application is made must ordinarily be stated, but no objection…

…Order VI Rule 12 would also buffet the applicant against any objection by the respondents on grounds of want of form.…

…The said notice invited comments or objections which were to be submitted to the Chairperson of the 1st Respondent within 15 days from the date of publication.…

…In the absence of any valid objections, allocation was to take place after the expiry of 30 days from the date of the publication. 5.…

…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.…