Busia Sugar Company Limited v Wanga & Company Advocates [2005] KEHC 3359 (KLR)
- Court
- High Court of Kenya
- Case number
- 3359
- Citation
- [2005] KEHC 3359 (KLR)
- Decided
- 4 March 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureRespondent raised a preliminary objection against the Motion seeking a stay of execution of orders.CoramJ.K. SERGON
Holding
The preliminary objection is properly raised and the Respondent is given the green light to proceed with the same.
Facts
The Respondent raised a preliminary objection against the Motion dated 1st February, 2005, seeking a stay of execution of orders issued by the Deputy Registrar of the Court on 4.10.2004 and 23.11.2004.
Issues
- Whether a preliminary objection can be raised at any stage of the proceedings.
- Whether the preliminary objection can be entertained before the appeal is admitted.
Reasoning
The judge ruled that a preliminary objection can be raised at any time of the proceedings as long as it qualifies as such, and that the provisions of Order XLVII Rule 1 of the Civil Procedure rules do not prevent a litigant from raising well-merited preliminary points of law.
Outcome
The preliminary objection is properly raised and the Respondent is given the green light to proceed with the same.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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