Case law
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Division and case type: CivilCivil Case
…objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application.…
…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
…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.…
Division and case type: CivilCivil Appeal
…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.…
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
…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: 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
…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.…