Case law
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Division and case type: CivilCivil Case
…objection to the proceedings on the ground that the Court has no jurisdiction to entertain the application.…
…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: High Court Civil Appellate DivisionCivil Appeal
…By a notice of preliminary objection dated 15.7.2024, the respondent raised a preliminary objection to the appellant’s petition of appeal filed on the 9.7.2024, on the following grounds: i) That there is lack of appealable…
…The affidavit was in support of the preliminary objection. The parties filed submissions on the preliminary objection.…
Division and case type: High Court DivCommercial Matters
…amount to a preliminary objection. 32.…
…Preliminary Objection by the 1st Defendant is not a true Preliminary Objection in the sense of the law. …
Division and case type: High Court Commercial and TaxCommercial Income Tax Appeal
…Before this Court are two Preliminary Objections arising in this appeal.…
…The Court directed that the two preliminary objections be heard together and determined in limine. Respondent’s Preliminary Objection 4.…
Division and case type: High Court DivFamily P&A Testate
…I have carefully considered the Preliminary Objection as well as the court records. 6.…
…Therefore in order for a Preliminary objection to succeed, the following tests must be satisfied; - (i) The Preliminary Objection should raise a pure point of law.…
Division and case type: High Court FamilyFamily Originating Summons
…The key issue for determination is whether the Preliminary Objection succeeds.…
…Therefore, in order for a preliminary objection to succeed the following must be satisfied; i. The Preliminary Objection should raise a pure point of law. ii.…
Division and case type: High Court FamilyFamily Originating Summons
…INTRODUCTION Vide Notice of Preliminary Objection dated 28th February 2024, the Respondent herein has raised a preliminary objection, framed as hereunder; THAT some of the issues raised by the Plaintiff are res Judicata and…
…does not muster the test laid down on preliminary objection.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…a preliminary objection. 2.…
…Law JA., observed that: So far as I am aware a Preliminary Objection consists of a point of law which has been pleaded or which arises by clear implication out of pleading and which if argued as Preliminary Objection may…
Division and case type: High Court Commercial and TaxCommercial Matters
…This ruling is in respect to two Notices of Preliminary Objection.…
…that the preliminary objection by the 1st defendant is not a true preliminary objection in the sense of the law.…
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: High Court DivFamily P&A Intestate
…What constitutes a preliminary objection was further expounded in the case of Oraro vs.…
…so as to make a determination on the preliminary objection raised which move in effect removes the Petitioners' preliminary objection from being a pure point of law. 7.…
Division and case type: High Court DivCivil Appeal
…2004 cannot pass muster as a procedurally-designed Preliminary Objection.…
…, on the hand” This limb of the Preliminary Objection therefore fails.…
Division and case type: High Court CivilCivil Appeal
…In his determination of the Preliminary Objection, the trial Magistrate found that there existed a relationship between the appellant and the 1st respondent and further that the points raised in the preliminary objection…
…The question this court is faced with is whether the appellant’s preliminary objection was a Preliminary Objection as envisaged by law and case law.…
Division and case type: High Court FamilyFamily Miscellaneous
…The Applicant urges that the issue raised in the Preliminary Objection is mere technicality which the court ought to overlook. She urges that the Preliminary Objection be dismissed.…
…The only issue for determination is whether the Preliminary objection has merit. 10.…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…is whether the respondents’ Preliminary Objection raised is tenable.…
…Any assertion, which claims to be a preliminary objection, yet it bears factual aspects calling for proof, or seeks to adduce evidence for its authentication, is not, as a matter of legal principle, a true preliminary objection…
Division and case type: CHR and JRConstitution and Human Rights Petition (Civil)
…The ruling on the preliminary objection will be delivered on 24th April 2025.” 4.…
…He urged the court to allow the preliminary objection. 7.…
Division and case type: High Court FamilyFamily P&A Intestate
…The issue is whether the preliminary objection is merited. 10. The court has first to find whether the Preliminary Objection meets the test of what a preliminary objection is before venturing to determine its merit.…
…A preliminary objection as correctly understood is now well settled.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Orders sought in the Notice of Preliminary Objection are as follows: "TAKE NOTICE that the 3rd, 4th and 6th Respondents herein shall raise a preliminary objection in limine to the entire Application dated 6th January,…
…That would be a candidate for a Motion for striking out, rather than a Preliminary Objection.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Plaintiff opposes the Preliminary Objection, contending that the issues raised by the Defendants do not constitute a proper Preliminary Objection as they require the ascertainment of facts.…
…The Preliminary Objection was argued orally, with the plaintiff filing submissions dated 17th February 2026. 4. The law on what constitutes a preliminary objection is now settled.…
Division and case type: High Court CivilFamily P&A Intestate
…The locus classics on Preliminary Objection is the celebrated case of Mukisa Biscuits Manufacturing Co. Ltd v.…
…Any assertion which claims to be preliminary objection, and yet it bears factual aspects calling for proof, or seeks to adduce evidence for its authentication, is not, as a matter of legal principle, a true preliminary objection…