Case law
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Division and case type: CivilCivil Appeal
…The record of proceedings so far, show that with respect to the interjection of the objection.…
…With great respect, it is my firm view that purported words of courtesy in the objection correspondence apart, the gist of the objection is no more and no less than saying- “In the interest of justice we ask for Judges of…
Division and case type: CivilCivil Case
…However, before the application could be argued on its merits, Mr Vohra for the respondent raised a preliminary objection to the effect that the application is misconceived in that it is asking for an order to commit the…
…From the above discussion, I find that the preliminary objection raised by Mr Vohra has succeeded and I award him costs to that effect.…
Division and case type: CriminalCriminal Appeal
…No objection was raised to the joinder of this charge at the trial and we do not think that it was improper in the circumstances of this case.…
…It is for this purpose that the rule is that the objection must be taken at the earliest opportunity; and here we congratulate counsel for trying to safeguard their clients at the right time, a chance missed in Musinga’s…
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.…
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.…
Division and case type: CivilCivil Appeal
…that arose during the hearing of the appeal and which has been considered at some length in the judgments of my Lords Shah and Bosire, is whether the learned judge of the superior court was right when, upon the preliminary objection…
…And such an order, where the objection to it is of the character here set up by the appellants, can only be so set aside in an action or proceeding directed to that special end.…
Division and case type: CivilCivil Appeal
…The previous proceedings before this court concerned two preliminary objections taken by Mr Khanna, who appears for the respondent, Adijah, of which the first related to the proposed addition of a new party (by way of a supplementary…
…It was held that her failure to obtain probate in the United Kingdom (although she had done so in Jersey, where the deceased had died), whether or not there was any objection by the other side, meant that she could not produce…
Division and case type: Constitutional and Human RightsPetition
…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…
…He submitted that although a charge can be amended at any time before the close of the prosecution’s case, an accused person has the right to raise an objection at the earliest stage.…
Division and case type: CivilCivil Appeal
…That omission in view of the position in law to which we will revert in due course was fatal but, despite Mr Lakha’s objection and in the interest of justice, we received the original documents preferred by Mr Nowrojee during…
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…