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….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

…Before that application could be argued the plaintiffs advocates raised preliminary objections in the following terms: 1.…

…LTD V WEST END DISTRIBUTORS LTD and stated that this case set out what ought to be regarded as a proper preliminary objection.…

….…..RESPONDENT RULING When this appeal was called on for hearing, Mr Kwach, appearing on behalf of the two respondents, took the preliminary objection that the mandatory provisions of Rule 85 (1) (f) of rules of this court…

…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.…

…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 that the 2nd Defendant was obliged to bring a formal application to have her preliminary objection argued. The Notice that was filed and served was satisfactory.…

…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.…

…The court now looks again at the three grounds of objection filed by Mr Ombaka against the preliminary objection raised by Mr Oraro.…

…This leaves the preliminary objection to be considered on the two grounds put forward. They are each to be considered separately.…

…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.…

…Oluoch made orders that the preliminary objection by Wangondu & company Advocates for the defendants be heard first.…

…The preliminary objection as I understand it is to the hearing the suit itself on the grounds that the plaintiff failed to challenge award delivered in Succession Cause No. 46 of 1981 in time or at all.…

…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…

…The court now looks again at the three grounds of objection filed by Mr Ombaka against the preliminary objection raised by Mr Oraro.…

…This leaves the preliminary objection to be considered on the two grounds put forward. They are each to be considered separately.…

…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.”…

…Indeed, save for what appears in the ruling of the superior court annexed to their affidavit in support of this application, the overall effect of the preliminary objection taken by the applicants in that court to their case…

…It seems to me that it is the rejection of their preliminary objection in the superior court that is the subjectmatter of the applicants' intended appeal in respect of which this application is made.…

…Mr A A Esmail acting for the Petitioning Creditor has raised a preliminary objection that Mr Khaminwa could not have acted on behalf of the Company which is already in the control of the provisional liquidator (hereinafter…

…More so because he is the receiver and manager of its assets, I therefore uphold Mr Esmail’ preliminary objection and dismiss the application before me with costs as it does not lie.…

…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.…

…Nagpal, for the Respondent to this application, has taken preliminary objection which, he says, goes to the jurisdiction of this court.…

…We accordingly dismiss the preliminary objection and proceed to determine the question raised by the Notice of Motion filed on 26th March, 1984. Dated at Nairobi this 17th day of April, 1984.…

…However, before the application could be argued on its merits, Mr Vohra for the respondent raised a preliminary objection to the effect that the application is misconceived in that it is asking for an order to commit the…

…From the above discussion, I find that the preliminary objection raised by Mr Vohra has succeeded and I award him costs to that effect.…

…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…

…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…

…A preliminary objection to the entertainment of the appeal was upheld and the appeal was dismissed in limine.…

…So if the holdings in these cases still stand, the appellant can have no valid answer to the preliminary objection.…