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…That the magistrate erred by striking out the Appellant’s response suo moto without a formal application before the court.…

…According to the Appellant, striking out a party’s pleading without notice or opportunity to respond is a breach of this right.…

…In the application dated 9th March 2023, the Appellant seeks review of the order of this court dated 17th January 2023 striking out the appeal.…

…Being aggrieved by the order striking out the suit, the Appellant filed the Notice of Motion dated 19th April 2020 seeking to review the order of 29th May 2022.…

…out arising. 8.…

…Such suit should be transferred to the proper place, rather than have it struck out. Striking out is punitive and drastic.…

…By application dated 08th December 2025, Joyce Kerebi Moturi, the Applicant/Respondent seeks the striking out the Memorandum of Appeal dated 24th November 2025 and filed on 26th November 2025 on grounds that the same was…

…In the present matter, striking out the appeal on account of delay would amount to shutting out the Appellant from ventilating arguable grievances on merit, yet no prejudice has been demonstrated by the Applicant.…

…The 2nd Respondent submitted that the sole issue is whether the Trial Court properly exercised its discretion in striking it out as an unnecessary party. 15.…

…Striking Out the 2nd Respondent 21.…

…The applicant withdrew a prayer for the striking out of the suit on ground of it being scandalous, frivolous or vexatious.…

…out of this suit.…

…Whether the order of the learned Honourable Magistrate striking out the defence served to further the course of Justice. ANALYSIS.…

…The basic principle in striking out proceedings is that it is a very drastic remedy and Courts must resort to it in the clearest of cases.…

…Laban Idiah Nyamache (2011) eKLR Kisii, HCCA No. 141 of 2009 where the High Court held that striking out a defence was such a drastic remedy that required good reasons before it could be effected.…

…Courts have taken the position that striking out of pleadings involves exercise of discretion which should be exercised sparingly and only in the clearest of cases.…

…Laban Idiah Nyamache (2011) eKLR Kisii, HCCA No. 141 of 2009 where the High Court held that striking out a defence was such a drastic remedy that required good reasons before it could be effected.…

…Courts have taken the position that striking out of pleadings involves exercise of discretion which should be exercised sparingly and only in the clearest of cases.…

…It is trite law that the remedy of striking out is a discretionary one that the court should use sparingly.…

…In the case of Equatorial Commercial Bank Ltd v Jodam Engineering Works Limited & 2 others [2014] KEHC 6204 (KLR), it held that: “It cannot be gainsaid that striking out of pleadings should be done sparingly.” 7.…

…On striking out the 1st Defendant, the Appellants argued he was the “actual tortfeasor,” and that he was therefore a necessary party to the proceedings.…

…Whether striking out the 1st Defendant was proper 24. The Appellants maintained that the 1st Respondent was a necessary party as tortfeasor.…

…Whether the 1st defendant had made out a case for striking out the suit. b. Who shall bear the costs of the application. F. Analysis and determination a.…

…As pointed out before, the plaintiff has not disputed the factual foundation of the application for striking out. The plaintiff has not disputed that it is no longer the owner of the suit properties.…

…out the appellant’s statement of defence which raised serious triable issues including points of law. e. striking out the appellant’s statement of defence before the appellant had filed a witness statement and list of documents…

…I am well guided by the authorities cited above on the principles applicable to an application for striking out a pleading and entry of judgment.…

…In the present matter, striking out the appeal on account of a 3 days delay would amount to elevating procedural technicalities above substantive justice, particularly where the appeal raises arguable issues relating to liability…

…Further, the Applicant has not demonstrated any prejudice that would warrant striking out the appeal before it is heard on merit. 6.…

…The appellant dissatisfied with the ruling of the trial court has filed this appeal on raising 17 grounds of appeal which can be summarised as: the trial magistrate erred in striking out the appellant’s defence and failed…

…In his submissions, argued that the issue raised in the appeal is the rule underpinning striking out of pleadings. The law on striking out pleadings is codified under Order 2 Rule 15 (1) of the Civil Procedure Rules.…

…Mwaiga had no root and was for striking out as an invalid document. o).…

…The Learned Counsel submitted that striking out pleadings was a draconian move as was stated in the case of: “D.…

…That the provisions under which the motion is brought do not envisage the striking out of the appeal. 5.…

…It was submitted that the Applicant has not laid a basis for striking out the appeal both in law and fact. That the provisions under which the motion is brought do not envisage striking out of the appeal.…

…That the provisions under which the motion is brought do not envisage the striking out of the appeal. 5.…

…It was submitted that the Applicant has not laid a basis for striking out the appeal both in law and fact. That the provisions under which the motion is brought do not envisage striking out of the appeal.…

…out. c.…

…The learned trial magistrate erred in failing to apply the principles for striking out proceedings hence ended up misdirecting herself. e.…