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…At the hearing of the appeal, counsel for the respondent raised a preliminary objection to the jurisdiction of the High Court to entertain the appeal.…

…This Court in an unanimous decision, upheld the Preliminary Objection and struck out the appeal as incompetent.…

…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…

…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…

…ATTORNEY GENERAL ….......................... 6TH RESPONDENT RULING (1) Preliminary Objection has been taken by the 3rd and 4th Respondents, represented respectively by Mr. Opulu and Mr.…

…practice of 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…

…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.…

…This was taken as a preliminary objection by the appellant’s advocate, Mr Aboo, on September 22, 1983 before the High Court in Mombasa (Mr Justice Bhandari) to which Mr Kassim duly replied.…