“"objection"” — court decisions

Judgment[1995] KEHC 1214 May 1995

HELLEN MUHONJA MAINA v PETER KINAGI GITUKA

Judgment[1998] KEHC 4115 November 1998

In Re Estate of Gatuthu Njuguna (Deceased) [1998] KEHC 41 (KLR)

High Court at Nairobihe could distribute the net estate,Njoroge,Njore,Daniel Mutua Mutisya,Henry Gichuhi Waiyaki,Flora,Florah,Mohammed Abdulla,Mahesh Shah,James Macharia Njore,Macharia Njore,Alluwalia,Ahluwalia,Henry Gachuhi,Waiyuka,Daniel Mutua Mutysa,Samuel Kitaka,Njore Mr GitakaCivil Appeal 329 of 2018

Division and case type: FamilySuccession Cause

…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.…

application is dismissedDismissed19 min read

Judgment[1994] KECA 11412 January 1994

Nyamodi Ochieng Nyamogo & another v Kenya Posts & Telecommunications Corporation

Court of Appeal at NairobiOwuor,England,judge bench Court,JUDGE APPEALCase number Civil Application 264 of 1993

Division and case type: CivilCivil Appeal

…That omission in view of the position in law to which we will revert in due course was fatal but, despite Mr Lakha’s objection and in the interest of justice, we received the original documents preferred by Mr Nowrojee during…

19 min read

Judgment[1993] KECA 7521 January 1993

Bernard M. Mbithi v Mombasa Municipal Council & another

Court of Appeal at NairobiShields,JUDGE APPEALCase number Civil Appeal 3 of 1992

Division and case type: CivilCivil Appeal

…If objection had been taken against their representation, it would almost certainly have been sustained. So in this case, I am satisfied that we took the right decision when we allowed the appellant to proceed ex parte.…

Appeal failsDismissed19 min read

Judgment[1994] KECA 847 March 1994

Rockland Kenya Limited v Elliot White Miller

Court of Appeal at Nairobijudge Chief State,judge indicated John,Farquharson,JUDGE APPEALCase number Civil Appeal 60 of 1993

Division and case type: CivilCivil Appeal

…To him therefore, these two meetings were deliberate attempts by those involved in them to pass resolutions affecting Stones Limited in his absence and without notice to him with the sole purpose of overcoming his objections…

…In a letter dated 5th November, 1990 addressed to Messrs Kaplan & Stratton, Advocates, the respondent therefore took strong objection to the holding of the two meetings and the passing of the resolutions thereat.…

appeal failsDismissed67 min read

Judgment[1983] KECA 7518 May 1983

Pithoni Waweru Maina v Thuka Mugiria

Court of Appeal at Nairobijudge reached High,judge March,JUDGE APPEALCase number Civil Appeal 27 of 1982

Division and case type: CivilCivil Appeal

…Before Mr Muraguri for the respondent addressed us, Mr Bhasker Sheth raised an objection whether Mr Muraguri was properly before the court since he had not complied with rule 78(1)(a) of the Rules of this Court.…

application is dismissedDismissed28 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

…But the objection taken to the quantum of the award appears to be taken as a matter f principle only.…

30 min read

Judgment[1985] KECA 3224 February 1985

Njoki v Mutheru & 3 others

Court of Appeal at Nairobijudge held Mary Njoki,judge say Mr,judge continued Mr,judge Mary,judge Mary Njoki,Simpson,Sachdeva November,Muli January,SACHDEVA,judge distinguished Mary,judge should found Mary,JUDGE APPEAL,Kirundi,Njau,Timan Njugi,Njugi,Timan Ndere Njugi,Njugi Wanjiku Njenga,Waithaka,Muite Mary,Kithyoma,Kinuthia,Muite,Kirundi KikuyuCivil Appeal 71 of 1984

Division and case type: CivilCivil Appeal

…Justice Simpson in his ruling dismissed this preliminary objection and reserved its costs. The issue was simple and clear cut. Was Mary married t the deceased in accordance with Kikuyu custom?…

appeal is dismissedDismissed41 min read

Judgment[2002] KECA 4229 September 2002

Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 13 others

Court of Appeal at NairobiOle Keiwua,JUDGE APPEALCase number Civil Appeal 63 of 2001

Division and case type: CivilCivil Appeal

…It is important to note that the principal petitioners Jasbir and Iqbal did not raise procedural objections to the manner in which Rai Ply was run.…

…declaration that the allegations in the Petition, if established, would not found a claim for relief under section 210 had been served on Mr Hickey, but counsel for the petitioner (Mr Asprey) has not raised any procedural objection…

Petition struck outDismissed76 min read

Judgment[2006] KECA 3807 December 2006

Aberdare Freight Services Ltd v Kenya Revenue Authority

Court of Appeal at NairobiJUDGE APPEAL,Abdulrehman Hemed Mohamed,Fred Ngatia,Francis Thuranira,Mohamed,Thuranira,Otiende Amollo,Ismail Jillo Dajissa,Dajissa,Shah,Frederick Ngatia,Ngatia,Ontweka,Mogaka,MachariaCivil Appeal 263 of 2004

Division and case type: CivilCivil Appeal

…THAT the Respondent did not have any objection to the release of the sugar as the same was not under detention or seizure as alleged by the Ex-parte Applicants and I filed a Replying Affidavit to that effect.…

46 min read