Judgment[2003] KEHC 966
Case law
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Division and case type: CivilCivil Case
…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…
…The Hon Judge overruled this preliminary objection on the grounds that the High Court had inherent jurisdiction to hear matters, section 60 of the Constitution being relied on.…
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…
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.”…
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…