Judgment
Case law
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Division and case type: Milimani Commercial CourtsCivil Suit
…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…
…In regards to the ground No. 3 objection I am in total agreement with the applicant that is not a proper preliminary objection because the court cannot determine on a preliminary objection whether an application is vexatious…
Division and case type: Constitutional and Human RightsPetition
…the provisions of Order 50 Rule 12 of the Civil Procedure Rules which provides:- “(12) Every order, rule or other statutory provision under or by virtue of which any application is made must ordinarily be stated, but no objection…
…Order VI Rule 12 would also buffet the applicant against any objection by the respondents on grounds of want of form.…
Division and case type: CivilCivil Appeal
…Momanyi remains at liberty to take any preliminary objection onany issues that he may wish to take. It is entirely for him to decide on this atthe time of the hearing.…
Division and case type: CriminalCriminal Appeal
…omission or irregularity has occasioned a failure of justice: Provided that in determining whether an error, omission or irregularity has occasioned a failure of justice the Court shall have regard to the questions whether the objection…
…Of course I am satisfied that the objection being raised now in this appeal could not have been raised at an earlier stage in the proceedings becausethe appellants, laymen in law, were not represented by an advocate before…
Division and case type: CivilCivil Case
…Momanyi remains at liberty to take any preliminary objection onany issues that he may wish to take. It is entirely for him to decide on this atthe time of the hearing.…