Search court decisions

…Momanyi remains at liberty to take any preliminary objection onany issues that he may wish to take. It is entirely for him to decide on this atthe time of the hearing.…

…Kassim Shah’s objection was unsuccessful. The result was that the application is presently grounded on the inherent jurisdiction of the Court. Two issues are raised by the application.…

…omission or irregularity has occasioned a failure of justice: Provided that in determining whether an error, omission or irregularity has occasioned a failure of justice the Court shall have regard to the questions whether the objection…

…Of course I am satisfied that the objection being raised now in this appeal could not have been raised at an earlier stage in the proceedings becausethe appellants, laymen in law, were not represented by an advocate before…

…The appellant raised a preliminary objection that the suit was time - barred. This was upheld and the suit dismissed. The respondent appealed to the Senior Resident Magistrate's court.…

…Acting in pursuance to the provisions of clause 20(a) of the main contract the DR, without the objection of the contractor, on 18th February, 1980, appointed or nominated Instrumentation Ltd as a sub-contractor of the contractor…

…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…

…He submitted that although a charge can be amended at any time before the close of the prosecution’s case, an accused person has the right to raise an objection at the earliest stage.…

…The defendants told the plaintiff in their letter dated 17/10/2003:- “We have no objection to surrender or lease to pave way for issuance of new Title with new approved change of user for PSS provided that a replacement lease…

…The defendant stated:- “We have no objection subject to and on condition that the parties do execution a replacement lease to be registered simultaneously with the lease.”…

…He indicated that in the lower court case, an objection was raised after PW1 adduced evidence. 10.…

…He submitted that although a charge can be amended at any time before the close of the prosecution’s case, an accused person has the right to raise an objection at the earliest stage.…

…The court stated as follows:- "There has been no application to set aside the Award nor has there been an objection to this application in terms of Order 50 rule 16.…

…only in the case of the appellant Zadock Erude Keya that all documents were copies as the original was not found and that when the copies were used, the learned counsels for the appellants were present but did not raise objection…

…As Mrs Muinde pointed out, the learned advocates were present in the Court but there is nothing on the record to show that they raised any 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.…

…Salim Danji, filed what he refers to as Notice of Objection, the relevant parts of which state, besides other matters, that:- 1.…

…The defence had no objection and the court made orders for the withdrawal to that suit with costs to the defendant and with a further order that the defendant do proceed to process the counter claim for hearing and final…

…However counsel for the petitioner senior counsel Lee Muthoga who argued the petitioner’s objection to this motion urged this court very strongly not to feel bound by the judgment of the Judges of Appeal on the Kibaki Moi…

…His main submissions were not affected and I would apply the provisions of order 18 rule 7 CPA and dismiss the objections as mere technicalities.…

…Be that as it may the entire record ofproceedings, evidence and Ruling in Principal Magistrate's CriminalCase No. 1578/89 in which the defendant was the accused wastendered in evidence, without objection by counsel for thedefendant…

…It is my view that the executor would only have been required to propound the will and to begin had the proceeding been an objection to the making of a Grant under Rule 17 of Probate and Rules.…

…That the application is not incompetent because order 6 rule 12 and order 50 rule 12 states: (a) That no technical objection can be allowed on any pleading.…