Case law
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Division and case type: CivilCivil Suit
…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.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONPetition
…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…
Division and case type: CivilCivil Case
…The said application is supported by an affidavit sworn by the counsel for the defendant/applicant to which grounds of objection and affidavit in reply have been filed on behalf of the plaintiff/respondent.…
Division and case type: CivilCivil Case
…His father did not raise any objections to the sale. Thereafter the father did not lay any claim on the land.…
…He was however duly served but filed no objection and therefore they are deemed to be the issues in this case.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
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: CriminalCriminal Appeal
…The main ground of objection raised on his behalf in this appeal was that if the evidence in the case was properly assessed, there was no evidence at all to support the conviction.…
Division and case type: Constitutional and Human RightsPetition
…The youngest David Murage Meshack aged 23 years and the eldest 40 years as at the time of filing of the objection. She has no quarrel with the list of assets as given by Sarah.…
…On that ground Margaret’s objection would fail.…
Division and case type: FamilySuccession Cause
…She did not have to wait to see the gazette notice in order to raise objection. She was the main player in the whole game without whose consent the exercise became a nullity.…
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: COMMERCIAL DIVISIONCivil Suit
…The plaintiff in making that objection failed to state what prejudice he suffered as a result of failure of 3rd defendant to so particularize.…
Division and case type: CivilCivil Case
…If it is true the Plaintiff and her husband had any interest in that piece of land, they or one of them could have sought to be made a party I the Succession Cause or should have raised objection to the proceedings.…
…There followed no objection in a court of law from the Plaintiff or her husband with regard to the Succession Cause. To date no such objection. It is 34 years since 1963.…
Division and case type: CivilCivil Suit
…On 7/8/92, the objector filed an objection to the attachment of the current vehicles, KZZ 658.…
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: Milimani Commercial CourtsSuccession Cause
…Mwangi Chege counsel for the administrators submitted that the estate of the deceased was gazetted after the grant had been issued but not yet confirmed and there was no objection raised by anybody.That besides, there were…
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
…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
…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: 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.…