Case law
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Division and case type: ELRCMiscellaneous Application
…The said notice invited comments or objections which were to be submitted to the Chairperson of the 1st Respondent within 15 days from the date of publication.…
…In the absence of any valid objections, allocation was to take place after the expiry of 30 days from the date of the publication. 5.…
Division and case type: CriminalCriminal Appeal
…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…
…The judges upheld the preliminary objection raised by Mr Chunga and struck out the appellant’s appeal against conviction, but as regards sentence, they reduced it to 3 years because they found that in the assessment of sentence…
Division and case type: CivilCivil Appeal
…John Onyango and Javan Buleni unsuccessfully appealed to the High Court, Kakamega (Aganyanya J) hence the appeal to this court on the grounds that the judge erred in law in disallowing the appellant’s objection, that the…
…Before us, at the request of John Onyango, Javan Bulemi spoke for John Onyango after Mr Minishi for the respondent raised no objection.…
Division and case type: CivilCivil Appeal
…As regards the second objection, the court’s order was mandatory, and the plaintiff failed to obey it.…
Division and case type: CivilCivil Appeal
…On that day Mr Ngatia raised his preliminary objections and on 29th April 1994, Aluoch J delivered a ruling in which she dismissed all the objections.…
…raised against the suit for the same objections were raised before Lady Justice Aluoch, heard and determined.…
Division and case type: CivilCase number Civil Application
…Although the 2nd respondent deposed that he was not served with the Notice of Appeal, he ha snot appeared to urge this ground of objection.…
Division and case type: CivilCivil Appeal
…At the hearing of the appeal, counsel for the respondent raised a preliminary objection to the jurisdiction of the High Court to entertain the appeal.…
…This Court in an unanimous decision, upheld the Preliminary Objection and struck out the appeal as incompetent.…
Division and case type: CivilCivil Appeal
…Anticipating Mr Muthoga’s objection, he relied upon Parker LJ’s views in Rosengrens Ltd v Safe Deposit Centres Ltd [1984] 3 All ER 198 where at p 200 the learned Lord Justice remarked:- “The process of giving security in…
Division and case type: CivilCivil Appeal
…There is no evidence or any indication that the appellant’s advocate raised any objection to the judgment being entered in terms of the award.…
Division and case type: CivilCivil Appeal
…One of the cases relied upon by the defendant in the superior court at the stage when objection was taken to the amended plaint (as it stood after incorporation of amendments ordered by this Court on 8th June, 1990) was Perestrello…
…When the suit came up for hearing proper for the first time the defendant took a preliminary point (objection in limine) that plaint did not disclose a cause of action.…
Division and case type: CivilCivil Appeal
…order to allow Diamond Trust reasonable time to prove that it was the owner of the vehicle; or else the court broker for failing to give adequate notice of the auction which would have enabled Diamond Trust to institute objection…
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: CivilCase number Civil Application
…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…
Division and case type: CivilCase number Civil Application
…The respondent’s Advocate raised no objection. The upshot was that the SRM ruled in favour of the appellant and adopted the award.…
…The objection is of granting the consent by the Board. 4.…
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 respondent’s Advocate raised no objection. The upshot was that the SRM ruled in favour of the appellant and adopted the award.…
…The objection is of granting the consent by the Board. 4.…
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: CivilCivil Appeal
…The only ground argued in this appeal is an objection to the learned trial judge’s exercise of discretion in awarding interest on the decretal amount.…
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…