“"objection"” — court decisions

Judgment[1995] KEHC 7229 October 1995

L Vadgama v Arya Samaj

Judgment[1995] KEHC 7310 October 1995

Dionysius Omambia Onyinkwa v Kenya Ports Authority

High Court at Mombasathat,committee,heard,challenged the accusations which were levelled against himCase number Civil Case 706 of 1992

Division and case type: CivilCivil Case

…For all these reasons, I disallow the objection and order that the report is admissible in these proceedings. Dated and delivered at Mombasa this 11th day of October 1995 I.C.C WAMBILYANGAH JUDGE…

3 min read

Judgment[1995] KECA 3119 September 1995

Joseph ochieng & 2 others Trading as Aquiline Agencies v First National Bank of Chicago

Court of Appeal at NairobiRauf,JUDGE APPEAL,Justice,Lakha,Dhanji,RegeruCase number Civil Appeal 149 of 1991

Division and case type: CivilCivil Appeal

…One of the cases relied upon by the defendant in the superior court at the stage when objection was taken to the amended plaint (as it stood after incorporation of amendments ordered by this Court on 8th June, 1990) was Perestrello…

…When the suit came up for hearing proper for the first time the defendant took a preliminary point (objection in limine) that plaint did not disclose a cause of action.…

16 min read

Judgment[1995] KECA 15319 July 1995

Car & General (K) Limited v Diamond Trust of Kenya Limited

Court of Appeal at MombasaWambilyangah,JUDGE APPEALCase number Civil Appeal 159 of 1994

Division and case type: CivilCivil Appeal

…order to allow Diamond Trust reasonable time to prove that it was the owner of the vehicle; or else the court broker for failing to give adequate notice of the auction which would have enabled Diamond Trust to institute objection…

appeal failsDismissed4 min read

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

Division and case type: CriminalCriminal Appeal

…Chunga’s objection to our jurisdiction. Mr. Rao points to section 361 (7) of the Code as constituting that statutory authorization.…

…We are satisfied there is no statutory authorization for the appellant’s appeal to us and we accordingly uphold the preliminary objection raised by Mr. Chunga.…

10 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

Division and case type: CivilCivil Appeal

…Richard Wainaina on behalf of the respondent’s family told them that there was no objection to their getting married and Saidi Salim Kaittany (D.W.6) on behalf of the deceased’s family said that they too had no objection…

…Alhaji Salim Chepkaittany is now estopped forever from raising any objection to the deceased’s burial at his Belgut Farm.…

appeal allowedAllowed67 min read

Judgment[1995] KECA 15919 January 1995

Arthur K. Magugu & another v Gitutho Associates & 3 others

Court of Appeal at MombasaWambilyangah,JUDGE APPEAL,AccordinglyCase number Civil Application 251 of 1994

Division and case type: CivilCase number Civil Application

…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…

application is allowedAllowed5 min read

Judgment[1995] KECA 14213 August 1995

Daniel M. Njai v High View Farm Ltd & another

Court of Appeal at NairobiBhandari,judge stated Court,JUDGE APPEALCase number Civil Appeal 139 of 1989

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…

appeal failsDismissed11 min read

Judgment[1995] KEHC 1214 May 1995

HELLEN MUHONJA MAINA v PETER KINAGI GITUKA

High Court at NairobiGachomba,Thomas Bernado Children,KyaloCase number Civil Case 3723 of 1990

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…

17 min read