Case law
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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: 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: 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
…On this day, the only Respondent who made an appearance is the 1stRespondent, the Attorney General who has led a Notice if Preliminary Objection raising jurisdictional issues. 6. Mr.…
…That he had not had enough time to prepare for his Preliminary Objection and that he needed time to prepare and le his authorities and to serve the same on the applicant. 2.…
Division and case type: CivilCivil Suit
…He did not readily have authority to buttress his objection. So he requested for time to conduct a research on the matter. He was allowed time up to 4th May, 1989, when the application next came for a hearing.…
…Accordingly the preliminary objection succeeds. The correspondence must be and are hereby expunged. Order accordingly. Dated and Delivered at Mombasa this 18th Day of May, 1989 S.E.O. BOSIRE ……….......….. JUDGE…
Division and case type: CivilCivil Case
…The growing practice of advocates swearing affidavits on behalf of their clients must cease forthwith and in an appropriate case this Court will not hesitate to strike out such affidavits, particularly if an objection is…
…In the present application, no objection was, or could have been raised as both advocates are equally guilty.…
Division and case type: CivilCivil Case
…Where such an application is allowed without objection, the time will be deemed to have been extended and the legal representatives to have been properly brought on the record.” (Emphasis supplied).…
…In the circumstances of this case I am of the firm view and so rule that it lies with the result that I uphold the preliminary objection.…
Division and case type: CivilMiscellaneous Application
…the provisions of Order 50 Rule 12 of the Civil Procedure Rules which provides:- “(12) Every order, rule or other statutory provision under or by virtue of which any application is made must ordinarily be stated, but no objection…
…Order VI Rule 12 would also buffet the applicant against any objection by the respondents on grounds of want of form.…
Division and case type: Constitutional and Human RightsPetition
…the provisions of Order 50 Rule 12 of the Civil Procedure Rules which provides:- “(12) Every order, rule or other statutory provision under or by virtue of which any application is made must ordinarily be stated, but no objection…
…Order VI Rule 12 would also buffet the applicant against any objection by the respondents on grounds of want of form.…
Division and case type: ELRCMiscellaneous Application
…The said notice invited comments or objections which were to be submitted to the Chairperson of the 1st Respondent within 15 days from the date of publication.…
…In the absence of any valid objections, allocation was to take place after the expiry of 30 days from the date of the publication. 5.…
Division and case type: CivilCivil Case
…For all these reasons, I disallow the objection and order that the report is admissible in these proceedings. Dated and delivered at Mombasa this 11th day of October 1995 I.C.C WAMBILYANGAH JUDGE…
Division and case type: CivilCivil Suit
…Machukia Advocate in the firm of Ms Ben Ochieng & Co Advocates has taken up this matter in the Notice of Preliminary Objection filed and has asked that the suit filed by the Plaintiff amounts to an abuse of the court process…
Division and case type: CivilCivil Appeal
…order to allow Diamond Trust reasonable time to prove that it was the owner of the vehicle; or else the court broker for failing to give adequate notice of the auction which would have enabled Diamond Trust to institute objection…
Division and case type: Constitutional and Human RightsConstitutional Petition
…ATTORNEY GENERAL ….......................... 6TH RESPONDENT RULING (1) Preliminary Objection has been taken by the 3rd and 4th Respondents, represented respectively by Mr. Opulu and Mr.…
…making all private disputes as to ownership of property as applications for the enforcement of the constitutional right to property should be discouraged. (12) For the reasons set out above, I find merit in the Preliminary Objection…
Division and case type: CivilCase number Civil Application
…In their grounds of objection and replying affidavit, Mr Magugu and Inns Ltd contended that it was a condition for the payment of the respondents’ fees that Inns Ltd obtained finances to undertake the project; that Inns Ltd…
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: 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: CivilCivil Appeal
…In ground 2 objection is taken because the learned judge should have held, as it is said, that the act of theft on the part of Securicor’s servant was not within the scope of his employment.…
Division and case type: Constitutional and Human RightsElection Petition
…However counsel for the petitioner senior counsel Lee Muthoga who argued the petitioner’s objection to this motion urged this court very strongly not to feel bound by the judgment of the Judges of Appeal on the Kibaki Moi…
…His main submissions were not affected and I would apply the provisions of order 18 rule 7 CPA and dismiss the objections as mere technicalities.…
Division and case type: CivilCivil Appeal
…The respondent objected to the appellant’s challenge of the superior court’s jurisdiction to entertain the claim since the appellant had led an unconditional appearance but the trial judge dismissed that objection.…
…As the issue goes to jurisdiction it was again raised before us, in limine, and having heard counsel’s arguments and submissions we upheld the learned trial Judge dismissed the objection to the appellant’s right to challenge…