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…In submitting that the foregoing reason makes the appeal fatally defective, the Respondent relied on the case of Salama Beach Hotel Limited & 4 others v Kenyariri & Associates Advocates & 4 others [2016] eKLR. 11.…

…Whether the appeal is fatally defective for failure to include primary documents in the record of appeal ii.…

…The Applicants set out two issues for determination namely: whether the Applicants should be granted leave to file their submissions out of time; and whether the Appellant’s Replying affidavit is fatally defective. 7.…

…hence fatally defective and should be struck out.…

…They urged that the statement of claim was fatally defective and untenable in law for failing to plead particulars of negligence.…

…The respondent’s argument is that the claim was fatally defective for failing to provide particulars of negligence.…

…He argues that, the application is fatally defective for contravening Order 19 rule 3(1), as the supporting affidavit was sworn by a person who is not a party to this suit.…

…Before addressing the substantive issues, I must deal with the preliminary objection raised by the respondent—namely, whether the application is fatally defective for contravening Order 19 Rule 3(1) of the Civil Procedure…

…The 3rd Respondent contends that the application is fatally defective, lacks merit, is misconceived, frivolous, and constitutes an abuse of the court process. 6.…

…It reiterated that the application is fatally defective and an abuse of process, as this Court lacks jurisdiction to interfere with the Court of Appeal's order of 31st January 2014 issued in Court of Appeal Nairobi Civil…

…The 3rd Respondent contends that the application is fatally defective, lacks merit, is misconceived, frivolous, and constitutes an abuse of the court process. 6.…

…It reiterated that the application is fatally defective and an abuse of process, as this Court lacks jurisdiction to interfere with the Court of Appeal's order of 31st January 2014 issued in Court of Appeal Nairobi Civil…

…The objection is founded on the grounds that the Petition is incompetent and fatally defective for want of proper corporate authority, having been filed without a special resolution of the members of the company authorising…

…The Respondent further contends that the Petition is incompetent and fatally defective for failure to comply with Regulation 77B(2) of the Insolvency Regulations, 2016, in that it was not accompanied by the mandatory documents…

…On the first issue the respondent submits that the appeal is fatally defective due to the absence of a decree in the record of appeal.…

…Consequently, hey urge the court to find that the appeal is fatally defective and should be struck out in limine with costs.…

…On the first issue the respondent submits that the appeal is fatally defective due to the absence of a decree in the record of appeal.…

…Consequently, hey urge the court to find that the appeal is fatally defective and should be struck out in limine with costs.…

…On the first issue the respondent submits that the appeal is fatally defective due to the absence of a decree in the record of appeal.…

…Consequently, hey urge the court to find that the appeal is fatally defective and should be struck out in limine with costs.…

…On the first issue the respondent submits that the appeal is fatally defective due to the absence of a decree in the record of appeal.…

…Consequently, hey urge the court to find that the appeal is fatally defective and should be struck out in limine with costs.…

…On the first issue, counsel submitted that the Respondent’s suit was fatally defective on the grounds that Section 29 of the Tax Procedures Act applies only where a taxpayer has not filed a return.…

…This court takes note of the appellant’s submission that the Respondent’s suit was fatally defective on the grounds that Section 29 of the Tax Procedures Act applies only where a taxpayer has not filed a return.…

…On the first issue, counsel submitted that the Respondent’s suit was fatally defective on the grounds that Section 29 of the Tax Procedures Act applies only where a taxpayer has not filed a return.…

…This court takes note of the appellant’s submission that the Respondent’s suit was fatally defective on the grounds that Section 29 of the Tax Procedures Act applies only where a taxpayer has not filed a return.…

…It submitted that the application was incompetent and fatally defective for violating paragraph 11 (1), (2) and (3) of the Advocates Remuneration Order as no notice of objection had been filed.…

…Based on this the respondent urge that the applicant failed to comply with the prescribed timelines and procedures rendering the reference fatally defective. Was this procedural lapse fatal to the entire reference?…

…, as opposed to being filed within the proceedings within which the Ruling originated (being High Court Petition No. 001 of 2021- Lucy Muthoni Njoroge versus The Capital Markets Authority & 5 others), rendering the same fatally…

…defective. b) Without prejudice to the foregoing, the Application is premature and has been filed without due regard and adherence to the provisions of Paragraphs 11 (1) & (2) of the Advocates Remuneration Order 2014 as…

…Consequently, the Respondent maintains that the petition is fatally defective, that the defects are not curable under Article 159(2)(d) of the Constitution, and that the petition ought to be dismissed with costs without consideration…

…The issues for determination are: a) Whether the petition is fatally defective. b) Whether the Petitioner has established grounds for the grant of a liquidation order. Whether the petition is fatally defective 44.…

…This court, sitting on a miscellaneous application, cannot conclusively pronounce on whether the appeal is defective and or fatally defective.…

…He argued that the appeal was incompetent and fatally defective. On the merits, the respondent submitted that the trial court properly analyzed the evidence and reached a correct finding. 16.…

…The respondent argued that the appeal was fatally defective for failure to attach a copy of the decree appealed against, relying on section 66 of the Civil Procedure Act, which provides that appeals lie from decrees or orders…

…Basically, the respondent argues that the application is fatally defective for inordinate delay and no sufficient cause has been shown by the applicant to justify grant of the reliefs applied for in the motion.…

…defective, as no leave was sought as contemplated under Section 15, and in compliance with Section 16 of the Supreme Court Act, 2011; further the application does not fall under within the appellate jurisdiction of this…