All templatesREPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
CIVIL SUIT NO. E77 OF 2026
BETWEEN
PWANI CASHEW EXPORTERS LIMITED ............................................. PLAINTIFF
-VERSUS-
BAHARI FREIGHT SERVICES LIMITED ............................................. DEFENDANT
NOTICE OF PRELIMINARY OBJECTION
TAKE NOTICE that the Defendant shall, at or before the hearing of this suit, raise a preliminary objection on a point of law and seek that the suit be struck out with costs, on the following grounds:
1. THAT the plaintiff's claim is founded on a contract dated 5 January 2019, which the defendant allegedly breached on 1 February 2019.
Litigation & Dispute Resolution
Notice of Preliminary Objection template (Kenya)
What it is for
A sample Notice of Preliminary Objection for use in Kenya, drafted under the Civil Procedure Rules 2010 and the Limitation of Actions Act Cap 22.
The Kenyan law it follows
- Civil Procedure Rules 2010 — Order 51 rule 14(1)(a) (a respondent may oppose an application by notice of preliminary objection)
- Limitation of Actions Act Cap 22 — s.4(1)(a) contract six years; s.4(2) tort three years; s.7 recovery of land twelve years
- Civil Procedure Act Cap 21 — s.6 (stay of a suit where the matter is in issue in a pending suit); s.7 (res judicata)
Who prepares it
This is normally drawn by an advocate, and where it is a court paper, filed by one. The sample shows what the finished document looks like.
Draft this for your matter
Advocates draft this on Lex from their own facts and download it in Word. If you need one prepared for you, find an advocate.
Sample notice of preliminary objection
The first part of the sample is shown here. The names, amounts and facts are made up to show how the document reads.
The rest of this notice of preliminary objection is for Lex members
Create a free account to read the whole sample, draft it for your matter and download it in Word.
This is a sample for general information. It is not legal advice and may not suit your situation. Laws change, and a document has to fit your own facts; have an advocate check it before you rely on it.