Case law
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Division and case type: High Court FamilyFamily P&A Intestate
…The issue is whether the preliminary objection is merited. 10. The court has first to find whether the Preliminary Objection meets the test of what a preliminary objection is before venturing to determine its merit.…
…The proper contents of a preliminary objection would be allegations that relate but are not limited to objections to the jurisdiction of the court.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…According to the Appellant, the Respondent’s objection fell short of the requirements of Section 51 (3) of the TPA as he did not provide evidence to support the objection or state the precise grounds of objection or the amendments…
…The Respondent noted that at no point in the entire objection decision did the Appellant raise the issue of the validity of his objection.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…From the grounds taken up in support of the preliminary objection namely, the suit is res judicata the various suits listed in the preliminary objection and the submissions filed by the parties, the issue for determination…
…that the preliminary objection raised by the defendants does not raise a pure point of law.…
Division and case type: Environment and Land CourtELC Land Judicial Review
…This court has considered the Preliminary Objection, submissions and authorities cited therein.…
…According to the Black Law Dictionary a Preliminary Objection is defined as being; “In case before the tribunal, an objection that if upheld, would render further proceeding before the tribunal impossible or unnecessary………
Division and case type: Environment and Land CourtELC Land Appeal
…Counsel for the Appellant also filed written submissions in opposition to the Preliminary Objection, reiterating that the preliminary objection fails on a point of law. 14.…
…The Appellant contends that, on the face of it, the objection is wholly without merit.…
Division and case type: High Court Commercial and TaxCommercial Matters
…In response to the application and the substantive suit, the 3rd, 4th, and 6th Respondents filed a Notice of Preliminary Objection dated 15th January, 2026. The 2nd Interested Party subsequently joined this objection.…
…The Applicant opposed the Preliminary Objection. He argued that the objection offends the threshold set in Mukisa Biscuit. The Applicant submitted that the determination of locus standi requires a factual inquiry.…
Division and case type: Environment and Land CourtELC Land Appeal
…That the Appellants Preliminary Objection dated 7 th May, 2024 be upheld c. That the Respondents Preliminary Objection dated 2 nd April, 2024 be dismissed with costs to the Appellants. d.…
…In a brief submission, the Learned Counsel submitted that the appeal pertained to the preliminary objection dated 7 th May 2024 which objection was dismissed by the lower court.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…a preliminary objection. 2.…
…The central issue is whether the Appellant’s objection was a preliminary objection within the meaning of Mukisa Biscuits Manufacturing Co., Ltd [1969] EA 696.…
Division and case type: High Court FamilyFamily P&A Testate
…Section 68 provides; Objections to Application (1) Notice of any objection to an application for a grant of representation shall be lodged with the Court, in such format as may be prescribed (2) within the period specified…
…The question I pose is whether a person can file an objection after the Grant has issued as that will determine whether or not I should proceed to extend time to file the Objection 9.…
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…It was submitted that the appellant lodged a valid objection on 14/03/ 2022 hence the respondent was required to issue the objection decision on or before 14/05/2022.…
…It states: “A notice of objection shall be treated as validly lodged by a taxpayer under subsection (2) if— a. the notice of objection states precisely the grounds of objection, the amendments required to be made to correct…
Division and case type: Environment and Land CourtELC Land Appeal
…On issue No. 3, whether the preliminary objection dated 18.02.2025 met the threshold of a preliminary objection, the Appellant submits that the preliminary objection did not meet the threshold established in the case of Mukhisa…
…Turning to issue No. l, whether the Preliminary Objection as pleaded met the threshold of Preliminary Objection capable of determining a suit in limine? 27. …
Division and case type: Environment and Land CourtELC Land Originating Summons
…In response and in opposition to the Preliminary Objection, the Plaintiffs sought for the dismissal of the Preliminary Objection because it did not meet the threshold of a true Preliminary Objection as had been set out in…
…objection had not been based on a commonality of accepted set of facts.…
Division and case type: High Court Commercial and TaxCommercial Matters
…For the plaintiff it was submitted that the preliminary objection as filed does not meet the set threshold for preliminary objections since it does not disclose pure points of law.…
…I have carefully considered the Preliminary Objection as well as submissions by both parties and note that the only issue that arises for determination is whether the Preliminary Objection is meritorious. 15.…
Division and case type: High Court FamilyFamily Originating Summons
…The Respondent herein has challenged the competence of the Originating Summons herein Vide Notice of Preliminary Objection dated 29th August 2024 the essence of her Objection is that the property having been acquired prior…
…Whether the Notice of Preliminary Objection dated 29th August 2024 has merit? 5.…
Division and case type: High Court CivilFamily P&A Intestate
…He defends the filing of the Preliminary Objection on 3rd February 2025, only slightly outside the alleged deadline, and argues that late service on the Applicant does not vitiate the Objection.…
…Mamboleo Ongwae, leave to file a Preliminary Objection. The Applicant contends that the said objection was to be filed and served within seven (7) days.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…of the objection—against profligate deployment of time and other resources.…
…is whether the respondents’ Preliminary Objection raised is tenable.…
Division and case type: High Court DivCivil Appeal
…2004 cannot pass muster as a procedurally-designed Preliminary Objection.…
…, on the hand” This limb of the Preliminary Objection therefore fails.…
Division and case type: High Court CivilCivil Appeal
…In his determination of the Preliminary Objection, the trial Magistrate found that there existed a relationship between the appellant and the 1st respondent and further that the points raised in the preliminary objection…
…The question this court is faced with is whether the appellant’s preliminary objection was a Preliminary Objection as envisaged by law and case law.…
Division and case type: High Court CivilCivil Appeal
…What constitutes the objection is the combination of the notice of objection, the answer to petition and the petition by way of cross-application.…
…It would appear that where the objector files a notice of objection but does not file the answer and the cross-petition then the objection pleadings would be incomplete and the court ought to disregard the notice of objection…
Division and case type: Environment and Land CourtELC Land Appeal
…The first issue was whether the preliminary objection is preliminary in nature. He submits that the preliminary objection has been filed late in time.…
…He submits that the preliminary objection is misconceived and should be dismissed with costs. The second issue is why the preliminary objection after six months.…