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…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…

…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…

…Starting with the first objection to the petition herein, namely that the petition was not sealed or signed by a court official, it is observed from the record copy of the petition on the file is duly sealed and signed by…

…I therefore find no merit in this objection. The second one is that a statutory notice was not given of 21 days. I think this is a misunderstanding of the relevant section.…

…Indeed, save for what appears in the ruling of the superior court annexed to their affidavit in support of this application, the overall effect of the preliminary objection taken by the applicants in that court to their case…

…It seems to me that it is the rejection of their preliminary objection in the superior court that is the subjectmatter of the applicants' intended appeal in respect of which this application is made.…

…By a notice of objection dated December 2, 1986, Mr Chunga, Assistant Deputy Public Prosecutor, on behalf of the Attorney-General gave notice that the Republic would raise a preliminary objection under section 348 of the…

…The two issues could not be considered separately since the very point on which the appellant wanted to adduce additional evidence was the very point relied on by Mr Chunga as the basis of his preliminary objection viz the…

…At the beginning of the subsequent, inter partes hearing of the related application, a preliminary objection was raised on behalf of the 2nd respondent that the applicants had no locus standi to bring the action they had…

…This same ground was among the grounds of objection filed on behalf of the 1st sefendant.…

…Mwirichia for the debtor has raised a preliminary objection to the validity of the application.…

…Before I deal with this objection I shall hereunder briefly set out the history of this matter:- On 30th November, 1988 receiving order was made against the official receiver was constituted as receiver of the debtor estate…

…Mr A A Esmail acting for the Petitioning Creditor has raised a preliminary objection that Mr Khaminwa could not have acted on behalf of the Company which is already in the control of the provisional liquidator (hereinafter…

…More so because he is the receiver and manager of its assets, I therefore uphold Mr Esmail’ preliminary objection and dismiss the application before me with costs as it does not lie.…

…At the commencement of the trial on 12th August, 1992, counsel for the appellant raised a preliminary objection and asked for the suit to be struck out on the ground that it had been prematurely brought without the dispute…

…The Judge overruled the objection because he found as a fact that the appellant had not complied with the mandatory provisions of section 6 of the Arbitration Act (Cap 49).…

…The High Court after hearing argument from both Counsel for the Defendant and for the plaintiff dismissed the preliminary objection. Hence the filing of this appeal.…

…The same complaint is levied against the Judge who heard and dismissed the preliminary objection. Why is it that the court is said to have gone wrong in allowing the exparte application?…

…Havi had no objection to Mr. Kibe’s application for adjournment on 6/6/2011 for taking out the application dated 24/10/2008 scheduled to be heard on 9/6/2011 when Mr. Kibe was before the Court of Appeal.…

…Havi raised no objection at all.…

…If objection is then made, it will be the duty of the judge to consider the objection and exercise his judgment upon it.…

…He would be as wrong to yield to a tenuous or frivolous objection as he would to ignore an objection of substance.…

…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.…

…NO. 3590 OF 1995) ********************** RULING There being no objection to the application before me, which in fact is meritorious, I allow it as prayed.…

…By a Notice of Preliminary Objection, the second respondent, through counsel states that this honourable Court has no jurisdiction to entertain the petition by virtue of the provisions of the National Assembly (Powers and…

…On the other hand, Mr Githu Muigai, the learned counsel for the petitioner opposed the preliminary objection on the basis of sections 44 and 60 of the Constitution as well as section 18 of the National Assembly and Presidential…

…By a Notice of Preliminary Objection, the second respondent, through counsel states that this honourable Court has no jurisdiction to entertain the petition by virtue of the provisions of the National Assembly (Powers and…

…On the other hand, Mr Githu Muigai, the learned counsel for the petitioner opposed the preliminary objection on the basis of sections 44 and 60 of the Constitution as well as section 18 of the National Assembly and Presidential…

…If objection is then made, it will be the duty of the judge to consider the objection and exercise his judgment upon it.…

…He would be as wrong to yield to a tenuous or frivolous objection as he would to ignore an objection of substance.…

…Mr Balala for the respondents does not have any objection. In the circumstances and for the reasons given by Counsel for the applicant I grant the leave sought and order that the application be marked as withdrawn.…

…The plaintiff as respondent in the application has raised objection, in limine, arguing the prayer for striking out should not have been joined with one for dismissal of the suit for want of prosecution.…

…He has also raised objection that the application for striking out having not been made promptly that it is to say, before the close of pleadings it has been made too late.…

…It is however opposed by the petitioner by a notice of preliminary objection, principally, on the ground of lack of locus standi - that “the Application is untenable as the same has been filed by an ill-defined body not vested…

…correspondence with National Land Commission, the Commission on Administrative Justice, the National Environment Management Authority and the National Construction Authority, among others, indicating its pursuit of its objection…