Case law
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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.…
Division and case type: CivilCivil Appeal
…Richard Wainaina on behalf of the respondent’s family told them that there was no objection to their getting married and Saidi Salim Kaittany (D.W.6) on behalf of the deceased’s family said that they too had no objection…
…Alhaji Salim Chepkaittany is now estopped forever from raising any objection to the deceased’s burial at his Belgut Farm.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Case
…The plaintiffs, application is objected to by the 1st defendant and grounds of the objection were filed on 5th August, 1987.The application was, it is observed, served upon the 2nd defendant but made no appearance at the…
Division and case type: Milimani Commercial CourtsCivil Case
…There are two objections to this. The first quote from paragraph 1187 clearly relates to a covenant for clear title running with the land on the sale of that land to someone else.…
…The second objection relates to paragraph 3046 above quoted.…
Division and case type: CivilCase number Civil Application
…The respondent’s Advocate raised no objection. The upshot was that the SRM ruled in favour of the appellant and adopted the award.…
…The objection is of granting the consent by the Board. 4.…
Division and case type: CivilCivil Appeal
…that arose during the hearing of the appeal and which has been considered at some length in the judgments of my Lords Shah and Bosire, is whether the learned judge of the superior court was right when, upon the preliminary objection…
…And such an order, where the objection to it is of the character here set up by the appellants, can only be so set aside in an action or proceeding directed to that special end.…
Division and case type: CivilCivil Appeal
…That the said land was demarcated in 1970 and there was no objection done by the plaintiff since then.”…
Division and case type: CivilCivil Case
…The defendant in his notice of objection has stated that the defence raise substantial issues for trial and that the case should proceed to hearing and determined on merit.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…The only ground argued in this appeal is an objection to the learned trial judge’s exercise of discretion in awarding interest on the decretal amount.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.”…
Division and case type: CivilCivil Appeal
…The previous proceedings before this court concerned two preliminary objections taken by Mr Khanna, who appears for the respondent, Adijah, of which the first related to the proposed addition of a new party (by way of a supplementary…
…It was held that her failure to obtain probate in the United Kingdom (although she had done so in Jersey, where the deceased had died), whether or not there was any objection by the other side, meant that she could not produce…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: Anti-CorruptionCivil Appeal
…This will be appropriate since we have no objection to your acting for Manchester Outtters and ourselves. In the event of an apparent conict of interest we expect you to advise us accordingly.…
…The loan agreement and the security documents were duly executed by the parties without any objection.…
Division and case type: CriminalCriminal Appeal
…The senior state counsel prosecuting suggested that course and the defence counsel told the court that he had no objection.…
…We are surprised that defence counsel at the trial, who must have been alive to this aspect of the case, made no objection to the admissibility of this evidence.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CivilCivil Appeal
…When this was realized at the hearing of the case and was made a ground of a submission by the appellant’s advocate, the first respondent, in consequence, and to meet the said objection, applied for leave to add the second…