Case law
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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
…At the hearing of the appeal, counsel for the respondent raised a preliminary objection to the jurisdiction of the High Court to entertain the appeal.…
…This Court in an unanimous decision, upheld the Preliminary Objection and struck out the appeal as incompetent.…
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
…There is no evidence or any indication that the appellant’s advocate raised any objection to the judgment being entered in terms of the award.…
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: CivilCivil Appeal
…order to allow Diamond Trust reasonable time to prove that it was the owner of the vehicle; or else the court broker for failing to give adequate notice of the auction which would have enabled Diamond Trust to institute objection…
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 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: 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: Constitutional and Human RightsConstitutional Petition
…ATTORNEY GENERAL ….......................... 6TH RESPONDENT RULING (1) Preliminary Objection has been taken by the 3rd and 4th Respondents, represented respectively by Mr. Opulu and Mr.…
…making all private disputes as to ownership of property as applications for the enforcement of the constitutional right to property should be discouraged. (12) For the reasons set out above, I find merit in the Preliminary Objection…
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: CivilCase number Civil Application
…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…
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 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
…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.…
Division and case type: CivilCivil Appeal
…The issue was taken as a preliminary objection when the trial began on March 24, 1981, and it was upheld and Wamunyama was non-suited.…
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
…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.…