“"objection"” — court decisions

Judgment[2003] KEHC 9668 September 2003

Ali & 3 others v City Council of Nairobi

Judgment[2003] KEHC 912 October 2003

In Re The Estate of Paul Nene Metha (Deceased) [2003] KEHC 9 (KLR)

High Court at NairobifilingCase number Miscellaneous Succession Cause 414 of 1984

Division and case type: FamilySuccession Cause

…Rahab Michere Nene thereupon filed Cross-petition and Answer to the petition as well as Objection to making of the grant on 17th August, 1984 and 26th July, 1984 respectively.…

5 min read

Judgment[2003] KEHC 72425 September 2003

FRANCIS MUKUNGA WAWERU v ATTORNEY GENERAL

High Court at NairobiOkello,Rakoro PlaintiffCase number Civil Case 1269 of 2000

Division and case type: CivilCivil Case

…The preliminary objection here is in all the grounds cited cannot be sustained. They are not decisive in law. The first question of Limitation depends on the time calculated from the date the cause action arose.…

…Preliminary objection refused. DELIVERED this 26th day of September 2003. A. I. HAYANGA JUDGE Read to Mary for Applicant…

2 min read

Judgment[2003] KEHC 22031 July 2003

Dominic Arony Amolo v Attorney General

High Court at NairobiImanyara,Mr,Prof. Laski,Makura Applicant,Kiura RespondentCase number Miscellaneous Application 494 of 2003

Division and case type: CivilMiscellaneous Application

…A preliminary objection is in the nature of what used to be a demurrer. It raises a pure point of law which Is argued on the assumption that all the facts pleaded by the other side are correct.…

…The improper raising of points by way of preliminary objection does nothing but unnecessarily increase costs and, on occasion, confuse the issues. This improper practice should stop.”…

7 min read

Judgment[2003] KEHC 47929 June 2003

Alii Maro Hero v Doyo Guyu

High Court at MombasaMachukia,KithiCIVIL SUIT NO. 95 OF 2003

Division and case type: CivilCivil Suit

…Machukia Advocate in the firm of Ms Ben Ochieng & Co Advocates has taken up this matter in the Notice of Preliminary Objection filed and has asked that the suit filed by the Plaintiff amounts to an abuse of the court process…

3 min read

Judgment[2003] KEHC 93818 August 2003

Bakari v Mohamed & 2 others

High Court at MombasaCourt an interlocutory application in this petitionCase number Election Petition 3 of 2003

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.…

petition struck outDismissed27 min read