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…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…

…objection which the Judge overruled.…

…Owing to the nature of the applicant's application and in the public interest, we reserved our ruling to the preliminary objection raised by the counsels for the respondent and the interested party.…

…This now is our ruling in regard to the said preliminary objection.…

…Ngatia has objected to this cause on the ground that the application has been argued on the basis of preliminary objection and therefore and therefore the application must be dismissed. I agree with Mr. Ngatia.…

…I therefore dismiss the preliminary objection with costs. The plaintiff may now set down his application for an order to strike out the defence for hearing.…

…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…

…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…

…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?…

…Mwangangi for both the respondents took a preliminary objection to the applications on the basis that as the pages of the applications did not bear the tenth lines numbered on the margin on the right side of the sheets the…

…When the appeal came for hearing before us, Mr Chunga the Deputy Public Prosecutor, raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against…

…The basis of Mr Chunga’s preliminary objection was that the appellant, having been convicted after he had unequivocably pleaded guilty to the offence as charged, was barred by virtue of the provisions of section 348 of the…

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

…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…

…Mr Lee Muthoga who acted for the respondent in the High Court, also appearing before us, has raised a preliminary objection to say that the appeal is incompetent for at least the following four reasons: 1.…

…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…

…objection being raised before the trial on behalf of the Respondent, the Defendant in the suit, he had ruled that leave to institute the proceedings which the Appellant had obtained ex parte, from a judge of the superior…

…court under the limitation Act, could not be challenged by way of a preliminary objection, but, as the learned judge put it, “at the trial …. on evidence and submissions.”.…

…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…

…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.…

…objection”.…

…The Respondent had also filed a Notice of Preliminary Objection dated 26th February 2012.…

…The Preliminary Objection was determined apriory and was dismissed by a Ruling of this court dated 24th May 2012 thus paving a way for the hearing of this application. 4.…

…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.…

…The appellant herein led a notice of preliminary objection objecting the Election Petition on the ground that it was not signed by the petitioner who had given no reasons why he did not sign it or thumbprint it himself.…

…The respondent’s notice of preliminary objection implied that the petitioner could either sign or thumbprint the petition himself. 12. Mr.…