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…The Court will also take into account that the preliminary objection must stem from the pleadings and raises pure point of law, and should not deal with disputed facts nor should it derive its foundation from factual information…

…See the case of Oraro- Vs-Mbaja(2005) 1KLR 141, where it was held that:- “Anything that purports to be a Preliminary Objection must not deal with disputed facts and it must not derive its foundation from factual information…

…First, whether the adjudicator erred by ignoring the fact that the Respondent’s Statement of Defence consisted of disputed facts which is not the nature and character of a preliminary Objection.…

…On the first issue, the Appellant submitted that the Preliminary Objection was inviting the court to deal with disputed facts which should not be the character and nature of a Preliminary Objection.…

…The Court will also take into account that the preliminary objection must stem from the pleadings and raises pure point of law, and should not deal with disputed facts nor should it derive its foundation from factual information…

…See the case of Oraro- Vs-Mbaja(2005) 1KLR 141, where it was held that:- “Anything that purports to be a Preliminary Objection must not deal with disputed facts and it must not derive its foundation from factual information…

…Where the objection involves disputed facts, it cannot succeed as a preliminary objection.…

…If the objection requires the determination of disputed facts, it should be decided in the main proceedings. 7.…

…It is trite law that a preliminary objection cannot therefore be founded on disputed facts, nor can it be sustained where the Court is invited to interrogate contested factual matters or to exercise judicial discretion. 7…

…In Oraro v Mbaja [2005] 1 KLR 141, the Court stated that a preliminary objection must not deal with disputed facts and must not derive its foundation from factual information which stands to be tested by evidence. 11.…

…Further, a preliminary objection must stem from the pleadings and should not deal with disputed facts nor should it derive its foundation from factual information.…

…See the case of Oraro v Mbaja [2005] 1KLR 141, where it was held that: - “Anything that purports to be a Preliminary Objection must not deal with disputed facts and it must not derive its foundation from factual information…

…The learned trial adjudicator erred in law by allowing a preliminary point on a disputed fact contravening the principle set in Mukisa Biscuit Manufacturers Ltd v West End Distributors Ltd [1969] E. A. 696. iii.…

…See the case of Oraro vs Mbaja (2005) 1 KLR 141 where it was held that: “Anything that purports to be a preliminary objection must not deal with disputed facts and it must not derive its foundation from factual information…

…Counsel for the Claimant/Applicant opposed the Preliminary Objection, submitting that the preliminary objection did not meet the threshold of what a preliminary objection is, as it was based on disputed facts.…

…There are disputed facts. The issue is also one where the court is called upon to exercise its discretionary powers.…

…The second reason why I am not inclined to exercise my discretion in favour of the applicants is that the substantive motion would be based on disputed facts.…

…facts.…

…It argues that an oral hearing becomes necessary only where an affected person files a written response disputing the facts.…

…Since Peesam filed no response, there were no formally disputed facts requiring an oral hearing. 35.…

…facts.…

…This may not be the best suited form of evidence for a court to try disputed facts or issues and then pronounce itself on merits or demerits of the case”. 18.…

…That a valid preliminary objection must be based on pure points of law, not disputed facts but the objections do not meet this standard as they are contingent on facts that are not evident from the pleadings and are genuinely…

…For these reasons, the Plaintiff urges the court to find that the Preliminary Objections are defective, premised on disputed facts, and do not disclose pure points of law.…

…That the preliminary objection was fundamentally incompetent from the onset because the question whether the cause of action was statute-barred depended heavily on disputed facts regarding ongoing negotiations and promises…

…It is settled law that a preliminary objection is a pure point of law and it must not be raised where the court would need to examine the disputed facts.…

…Background Facts 2. The dispute arises from a complex web of corporate and banking relationships. On 6th January, 2026, the Applicant moved this Court via a Chamber Summons and a Notice of Motion.…

…The Supreme Court reiterated that an objection must not deal with disputed facts, and it must not itself derive its foundation from factual contestations.…

…The Court will also take into account that the preliminary objection must stem from the pleadings and raise pure points of law, and should not deal with disputed facts nor should it derive its foundation from factual information…

…See the case of Oraro- Vs-Mbaja(2005) 1KLR 141, where it was held that:- “Anything that purports to be a Preliminary Objection must not deal with disputed facts and it must not derive its foundation from factual information…

…facts.…

…This may not be the best suited form of evidence for a court to try disputed facts or issues and then pronounce itself on the merits or demerits of a case.…

…A preliminary objection has to be on non-disputed facts in its constitution. It cannot be based on disputed facts or argumentative postulations. The Court is not involved with questions of fact.…

…It cannot be based on disputed facts or facts requiring further enquiry. In determining a preliminary objection, therefore, only 3 documents are required in addition to the constitution.…

…A preliminary objection has to be on non-disputed facts in its constitution. It cannot be based on disputed facts or argumentative postulations. The Court is not involved with questions of fact.…

…It cannot be based on disputed facts or facts requiring further inquiry.…

…It cannot be founded on disputed facts or require the Court to ascertain facts through evidence. This was established in the seminal case of Mukisa Biscuit Manufacturing Co.…

…The grounds alleging lack of service or improper service of the statutory demand plainly raise disputed questions of fact.…