JACKLINE HAMSON GHIKAS VS. MLLATIE RICHIE ASSEY. CIVIL APPLICATION NO. 656/01 OF 2021.

Abstract

HELD i) a preliminary objection must satisfy three conditions viz; one, the point of law raised must either be pleaded or must arise as a clear implication from the proceedings; two, that it must be a pure point of law which does not require close examination or scrutiny of the affidavit and counter affidavits and three, the determination of such a point of law in issue must not depend on the court's discretion. ii) the preliminary objection raised by the respondent is incompetent and we accordingly reject it. We order for the application for stay of execution to be heard on merit on a date to be fixed and notified to the parties by the Registrar.