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: CivilCivil Appeal
…The case of Toms v Cunning [1846] 7 Man & G88 was an objection to retain the name of Samuel Augel in the list of voters.…
…I was held on appeal: “A notice of objection, and also the duplicate notice where notice of objection is sent by the post, must be personally signed by the objector.” 26.…
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
…At the commencement of the hearing inter partes, Mr Alibhai for the defendants, raised a preliminary objection to the effect that as the appellant firm was under receivership, its directors could not bring an action against…
Division and case type: CriminalCriminal Appeal
…of that which he has sworn (unless the reason of his having done so is satisfactorily accounted for), his evidence should not have much weight with a jury, and if he has formerly sworn the contrary, the fact (although no objection…
…Musyoka-Annan’s argument, that at no time did he, as counsel for the 1st and 3rd appellants during the trial, register any objection to this course.…
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…