Case law
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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: 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
…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 Suit
…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: 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.…
…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…
Division and case type: CivilCivil Case
…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.…