Case law
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Division and case type: CivilCivil Case
…Accordingly, the objection was argued as a preliminary point the future course of the application before the Court was depending on the outcome of the objection.…
…The order sought having been granted on the ex parte application a hearing inter partes of the same was fixed for 4th May 1989 when the preliminary objection was taken as stated above.…
Division and case type: CriminalCriminal Case
…That objection taken to the proceedings herein is dated 12.7.2008 and reads as follows:- “i.…
…Mr.O’mirera, learned Principal State Counsel, while agreeing that an objection can be raised at any stage of criminal proceedings, took the view that the objection is misguided because HCCR.C.…
Division and case type: CivilCivil Suit
….….DEFENDANTS RULING The 1st to 10th defendants raised a preliminary objection to the Plaintiff’s suit on the grounds that the suit was misconceived, incompetent and bad in law as it contravened the provisions of Section…
Division and case type: Milimani Commercial CourtsCivil Suit
…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…
…In regards to the ground No. 3 objection I am in total agreement with the applicant that is not a proper preliminary objection because the court cannot determine on a preliminary objection whether an application is vexatious…
Division and case type: CivilCivil Case
…DEFENDANTS R U L I N G The 2nd Defendant has raised a preliminary objection on the ground that this suit is barred by the Limitation of Actions Act (Cap 22).…
…Chacha for the Plaintiff argues that the objection ought to be rejected as the 2nd Defendant ought o have made a formal application since if the preliminary objection were to be upheld it would have the effect of striking…
Division and case type: CivilCivil Appeal
…objection. “1.…
…Mr Ombaka in his grounds of objection alleged inter alia that: “1.…
Division and case type: CivilCivil Appeal
…objection. “1.…
…Mr Ombaka in his grounds of objection alleged inter alia that: “1.…
Division and case type: Constitutional and Human RightsPetition
…The court took up the Preliminary Objection first.…
…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…
Division and case type: CivilCivil Case
…Before the application was heard inter partes the advocates for the respondent raised a preliminary objection to the application. It is this preliminary objection which is the subject matter of this ruling.…
…The Hon Judge overruled this preliminary objection on the grounds that the High Court had inherent jurisdiction to hear matters, section 60 of the Constitution being relied on.…
Division and case type: CivilCivil Suit
…Oluoch made orders that the preliminary objection by Wangondu & company Advocates for the defendants be heard first.…
…The defendants rely on in support of this objection the provisions in orders 45 rule 16, order 45 rule 17(a) and order 20 45 rule 17(2) of the Civil Procedure Rules.…
Division and case type: FamilySuccession Cause
…Rahab Michere Nene thereupon filed Cross-petition and Answer to the petition as well as Objection to making of the grant on 17th August, 1984 and 26th July, 1984 respectively.…
Division and case type: CivilCivil Case
…In his affidavit decree holder asserted that the objection to the attachment is a fictitious one.…
…Secondly, the decree holder relies on the compromise settlement which was worked out before the attached goods, which, he says, included the subject matter of these objection proceedings, were released to the defendant by…
Division and case type: Constitutional and Human RightsPetition
…The court took up the Preliminary Objection first.…
…Counsel urged the court to dismiss the Preliminary Objection and Ms annan be made to pay for the costs personally because the Preliminary Objection was meant to delay the hearing of this matter.…
Division and case type: CivilCivil Case
…(b) That the attachment of motor vehicle together with its load of sisal be set aside until final determination of the objection proceedings herein.…
…In view of the ruling of Mbaluto J the objection proceeding were a futile exercise.…
Division and case type: CivilMiscellaneous Application
…This now is our ruling in regard to the said preliminary objection.…
…on these objections before a decision was reached on the matter.…
Division and case type: CivilCivil Case
…The preliminary objection here is in all the grounds cited cannot be sustained. They are not decisive in law. The first question of Limitation depends on the time calculated from the date the cause action arose.…
…Preliminary objection refused. DELIVERED this 26th day of September 2003. A. I. HAYANGA JUDGE Read to Mary for Applicant…
Division and case type: Environment and LandCivil Appeal
…Any person aggrieved by the decision of the Judge upon any objection referred to such Judge under subsection 92) may, with leave of the Judge, but not otherwise, appeal to the Court of Appeal. 4.…
…The above provision is the procedure for lodging objections to the decisions of the Taxing Ocer.…
Division and case type: CivilMiscellaneous Application
…A preliminary objection is in the nature of what used to be a demurrer. It raises a pure point of law which Is argued on the assumption that all the facts pleaded by the other side are correct.…
…The improper raising of points by way of preliminary objection does nothing but unnecessarily increase costs and, on occasion, confuse the issues. This improper practice should stop.”…
Division and case type: CivilCivil Case
…Even testing the situation here against the requirement of the matter being directly and substantially in issue, the objection raised becomes difficult to sustain.…
…So on this objection what is favorable to the respondents seems to be the sameness of the land and applicant. The other aspects from which one should be made to apply the doctrine of res judicata, are missing.…
Division and case type: Constitutional and Human RightsPetition
…Any person aggrieved by the decision of the Judge upon any objection referred to such Judge under subsection 92) may, with leave of the Judge, but not otherwise, appeal to the Court of Appeal. 4.…
…The above provision is the procedure for lodging objections to the decisions of the Taxing Ocer.…