Case law
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Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…Salim Danji, filed what he refers to as Notice of Objection, the relevant parts of which state, besides other matters, that:- 1.…
Division and case type: CivilCivil Appeal
…When this was realized at the hearing of the case and was made a ground of a submission by the appellant’s advocate, the first respondent, in consequence, and to meet the said objection, applied for leave to add the second…
Division and case type: CivilCivil Appeal
…But from the outset the AFC maintained that the plaintiff, that is, the appellant, was its “loanee”, that the appellant was in default and that the AFC was fully justified in seizing the pick-up, and (in the Notice of Objection…
Division and case type: CivilCivil Appeal
…Provided that the Architect shall not nominate any person as a subcontractor against whom the contractor shall make reasonable objection, or (save where the Architect and Contractor shall otherwise agree) who will not enter…
Division and case type: CivilCivil Appeal
…That letter was really an ultimatum to the appellant to accept office without objection, failing which the dire consequences set out in section 10(1) would be meted out.…
Division and case type: CivilCivil Appeal
…In ground 2 objection is taken because the learned judge should have held, as it is said, that the act of theft on the part of Securicor’s servant was not within the scope of his employment.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: CivilMiscellaneous Application
…1983 rankled, however, so the applicant, by another summons in chambers asked the same judge to review it giving as the main ground for doing so the provisions of order VI rule 12 (cap 21) which are that: “No technical objection…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…That omission in view of the position in law to which we will revert in due course was fatal but, despite Mr Lakha’s objection and in the interest of justice, we received the original documents preferred by Mr Nowrojee during…
Division and case type: CivilCivil Appeal
…If objection had been taken against their representation, it would almost certainly have been sustained. So in this case, I am satisfied that we took the right decision when we allowed the appellant to proceed ex parte.…
Division and case type: CivilCivil Appeal
…This was taken as a preliminary objection by the appellant’s advocate, Mr Aboo, on September 22, 1983 before the High Court in Mombasa (Mr Justice Bhandari) to which Mr Kassim duly replied.…
Division and case type: CivilCivil Appeal
…To him therefore, these two meetings were deliberate attempts by those involved in them to pass resolutions affecting Stones Limited in his absence and without notice to him with the sole purpose of overcoming his objections…
…In a letter dated 5th November, 1990 addressed to Messrs Kaplan & Stratton, Advocates, the respondent therefore took strong objection to the holding of the two meetings and the passing of the resolutions thereat.…
Division and case type: CivilCivil Appeal
…Before Mr Muraguri for the respondent addressed us, Mr Bhasker Sheth raised an objection whether Mr Muraguri was properly before the court since he had not complied with rule 78(1)(a) of the Rules of this Court.…
Division and case type: CivilCivil Appeal
…But the objection taken to the quantum of the award appears to be taken as a matter f principle only.…
Division and case type: CivilCivil Appeal
…Counsel raised a preliminary objection on grounds, inter alia,that: (a). this Court does not have jurisdiction to entertain the Notice of Motion as the appeal does not lie as a matter of right, in the terms of Article 163…
Division and case type: CivilCivil Appeal
…The respondent objected to the appellant’s challenge of the superior court’s jurisdiction to entertain the claim since the appellant had led an unconditional appearance but the trial judge dismissed that objection.…
…As the issue goes to jurisdiction it was again raised before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge…
Division and case type: CivilCivil Suit
…That the application is not incompetent because order 6 rule 12 and order 50 rule 12 states: (a) That no technical objection can be allowed on any pleading.…