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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.…

…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.…

…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.…

…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.…

…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.…

…THAT the learned trial Magistrate erred in law and in fact by striking out the appellant’s statement of defence when the same was not vexatious, scandalous and raised triable issues in law.…

…THAT, the learned Magistrate overlooked the appellant’s grounds of opposition, appellant’s replying affidavit, and misconstrued the legal principles for striking out pleadings, thereby taking an improper course of striking…

…It is the order striking out the claim that is the subject of this appeal in which the appellant has raised the following grounds; The learned Magistrate erred in law and fact in striking out the appellant’s claim despite…

…The learned Magistrate erred in law and fact in delivering her judgment striking out the appellant’s claim without proper consideration of the certificate/affidavit of service on record to establish that proper service was…

…THAT the learned magistrate erred in law and in fact in finding that the defendant’s preliminary objection has merit and striking out the plaintiff’s suit with costs. 2.…

…The Appellant’s Submissions 5) The Appellant submitted that the trial court erred in upholding the Respondent’s preliminary objection and striking out the suit for lack of jurisdiction.…

…The sole issue for the court’s determination is whether the court ought to review and set aside the order striking out the Appellant’s appeal for want of leave to file the appeal out of time.…

…Overall, I find that the court clearly erred in striking out the appeal on 15 th April 2026 for want of leave when the leave had been granted on 9 th April 2026 and was still subsisting.…