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…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…

…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.…

…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.…

…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.…

…Mwangi Chege counsel for the administrators submitted that the estate of the deceased was gazetted after the grant had been issued but not yet confirmed and there was no objection raised by anybody.That besides, there were…

…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 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.”…

…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…