Case law
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Division and case type: CivilCivil Case
…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 Case
…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.…
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: CriminalCriminal Appeal
…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…
Division and case type: CivilCivil Appeal
…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.…
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: CriminalCriminal Case
…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: 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 Case
…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.…
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: Constitutional and Human RightsElection Petition
…Salim Danji, filed what he refers to as Notice of Objection, the relevant parts of which state, besides other matters, that:- 1.…
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…
Division and case type: CivilCivil Appeal
…But from the outset the AFC maintained that the plaintiff, that is, the appellant, was its “loanee”, that the appellant was in default and that the AFC was fully justified in seizing the pick-up, and (in the Notice of Objection…
Division and case type: CivilCivil Appeal
…Provided that the Architect shall not nominate any person as a subcontractor against whom the contractor shall make reasonable objection, or (save where the Architect and Contractor shall otherwise agree) who will not enter…