Case law
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Division and case type: Environment and Land CourtCivil Suit
…The Plaintiff's submissions dated 20th June 2026 oppose the objection on the ground that the objection itself is not a true preliminary objection since it expressly relies upon pleadings, affidavits and the record of proceedings…
…The sole issue falling for determination is whether the objection raised constitutes a proper preliminary objection capable of disposing of the suit. Determination 11.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…The objection was filed before this Court by the 10th Defendant/Respondent. 2.…
…, where the Court held: “That re-statement of the limited scope of a Preliminary Objection brings me to the point where I hold that the Preliminary Objection by the 1st Defendant is not a true Preliminary Objection in the…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Notice of Preliminary Objection dated 16th June 2025 meets the threshold founded in Law and precedents. b) Whether the objection raised by the 2nd Defendant through the Notice of Preliminary Objection dated 16th June 2025…
…Whether the objection raised by the 2nd Defendant through the Notice of Preliminary Objection dated 16th June 2025 has any merit 14. …
Division and case type: Environment and Land CourtELC Environment & Planning Civil Suit
…meets the threshold of such an objection based on Law and precedents. b) Whether the Notice of Preliminary Objection as taken is well founded, valid and merited; c) Who will bear the costs of the preliminary objection?…
…Whether the Preliminary Objection dated 13 th October, 2025 by the 1 st & 2 nd Defendants meets the threshold of such an objection based on Law and precedents. 21.…
Division and case type: Environment and Land CourtELC Environment & Planning Civil Suit
…meets the threshold of such an objection based on Law and precedents. b) Whether the Notice of Preliminary Objection as taken is well founded, valid and merited; c) Who will bear the costs of the preliminary objection?…
…Whether the Preliminary Objection dated 13 th October, 2025 by the 1 st & 2 nd Defendants meets the threshold of such an objection based on Law and precedents. 21.…
Division and case type: Environment and Land CourtCivil Suit
…Where factual matters become necessary, the objection ceases to be a true preliminary objection. This position was succinctly stated by the Court in Oraro v Mbaja [2005] eKLR, where Ojwang J.…
…The Plaintiff's submissions dated 20th June 2026 oppose the objection on the ground that the objection itself is not a true preliminary objection since it expressly relies upon pleadings, affidavits and the record of proceedings…
Division and case type: Environment and Land CourtELC Land Civil Suit
…[NOTICE OF PRELIMINARY OBJECTION DATED 22ND SEPTEMBER 2025] 1.…
…In the same case, Newbold, JA set out the remit upon which preliminary objections would be founded as follows; “A preliminary objection is in the nature of what used to be a demurrer.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Defendants' Preliminary Objection 1.…
…Whether the notice of preliminary objection is merited. b. Who shall bear the costs of the objection. D. Analysis and Determination a. Whether the notice of preliminary objection is merited 4.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Before court for determination are two Notices of preliminary Objection.…
…preliminary objection before court.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…relief sought from filed Notice of Preliminary Objection dated 27th May 2025 c) Who will bear the Costs of the Objection?…
…ISSUE No. a) Whether the objection raised by the Defendant through the Notice of Preliminary Objection dated 7th April 2025 meets the threshold founded in Law and precedents. 13.…
Division and case type: Environment and Land CourtCivil Suit
…[NOTICE OF PRELIMINARY OBJECTION DATED THE 10TH JANUARY 2023] 1.…
…objection which court should allow to proceed.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Two issues arise for the court’s determination, namely; a) Whether the preliminary objection filed herein is a proper preliminary objection; and b) Whether the preliminary objection herein is merited. 8.…
…brings me to the point where I hold that the Preliminary objection by the 1st Defendant is not a true preliminary objection in the sense of the law.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Preliminary Objection dated 25th July 2025 3. …
…The Preliminary objection dated 17th November 2025 4. …
Division and case type: Environment and Land CourtELC Land Judicial Review
…The 4th Respondent filed a Notice of Preliminary Objection dated 17th April 2025, which objection is premised on the GROUNDS THAT: a) This honorable court lacks jurisdiction to entertain the suit (sic); b) The application…
…filed timeously; b) Whether the Preliminary Objection is merited, and c) Who should bear the cost of the Preliminary Objection, and if it succeeds who to bear costs of the Judicial Review. 11.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…At the highlighting of the submissions the court, required the parties to address it on the sole issue as to whether the Notice of preliminary objection as filed met the threshold of a preliminary objection which issue shall…
…Saika learned counsel for the 1st Respondent placed reliance on her written submissions dated 28th January 2025 and further submitted that the preliminary objection as filed met the threshold of a preliminary objections as…
Division and case type: Environment and Land CourtELC Land Civil Suit
…APPLICANT’S SUBMISSION ON THE PRELIMINARY OBJECTION: - 3.…
…The Respondent having filed the preliminary objection shall be deemed for the purposes of this riling and the preliminary objection to be the Applicant and the submission set out hereunder were made by Mr.…
Division and case type: Environment and Land CourtELC Land Appeal
…objection. 7.…
…Indeed, if it is an objection as to the legality of the suit, nothing would bar a preliminary objection for reason that no defence is filed.…
Division and case type: Environment and Land CourtELC Land Appeal
…The Objection proceedings were produced as P.Exhibit No. 1, and were registered as Objection No. 348. 25. The Objection proceedings appear at page 67 and 68 of the Record of Appeal.…
…Having found that an objection No. 348 existed from the objection proceedings and that a decision was made in respect of the said objection, it thus bluffles the court as to why the remarks land transferred without an objection…
Division and case type: Environment and Land CourtELC Land Civil Suit
…From the grounds taken up in support of the preliminary objection namely, the suit is res judicata the various suits listed in the preliminary objection and the submissions filed by the parties, the issue for determination…
…that the preliminary objection raised by the defendants does not raise a pure point of law.…
Division and case type: Environment and Land CourtELC Land Judicial Review
…This court has considered the Preliminary Objection, submissions and authorities cited therein.…
…According to the Black Law Dictionary a Preliminary Objection is defined as being; “In case before the tribunal, an objection that if upheld, would render further proceeding before the tribunal impossible or unnecessary………