Case law
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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: 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: 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: CivilCivil Suit
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Case
…Kassim Shah’s objection was unsuccessful. The result was that the application is presently grounded on the inherent jurisdiction of the Court. Two issues are raised by the application.…
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
…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…