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…Mr Kimatta also argued that the learned single judge only dealt with matters which preceded the striking out of the appeal and not what steps the applicant took thereafter to perfect his appeal.…

…great respect to the learned single judge, we conclude without any hesitation, after taking into consideration all the facts of the matter before us, that the learned single judge did not consider all the facts post the striking…

…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…

…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…The striking out was on 17th January, 1997, and it was not until 2nd July, 1997, that the applicant filed the present application.…

…The same principles apply to the striking out of a particular defence as apply to the dismissal of an action; per Devlin J in Reiss v Woolf [1952] 2 All ER 3 at p 5.…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…Mwenesi, for the appellant, argued before us that the learned judge (Githinji J.) erred in striking out the defence and he propounded his argument on the basis that Order Vi rule 13(1) (a) of the Civil Procedure Rules does…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…This dismissal follows the striking out of the plaint leaving no sub-stratum for the application.…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…This dismissal follows the striking out of the plaint leaving no sub-stratum for the application.…

…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…

…out Civil Appeal No. 62 of 1993, filed by Carter & Sons Ltd (the appellant), on the ground that the appellant did not serve the notice of appeal dated 15.3.93, and lodged in Court on 18.3.93, on Karugu Contractors (Kenya…

…The learned judge having dismissed the application for amendment the striking out of plaint became a "fait accompli" in view of orders made by him on 7th November, 1990.…

…The plaintiffs appealed against that striking out order. This court on 8th June, 1990 recalled the plaint and ordered amendments. The amended plaint was filed on or about 20th June, 1990.…

…motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil Procedure Rules for, inter alia, an order of (a) stay of proceedings of the summons; (b) for an order striking…

…out of the originating summons on the grounds that it does not disclose a reasonable cause of action, and; (c) that the suit and the application are res judicata.…

…and there is no further Appeal and the said 2 Honourable Judges having been part of a Bench, which previously exercised its discretion against the Appellant on two previous occasions could be influenced by their previous "striking…

…out" orders.…

…to deny the 1st respondent the enjoyment of the fruits of the judgement in its favour, having been filed belatedly it was an afterthought, and it was an abuse of the process of the court and, consequently it was fit for striking…

…out.…

…He said what follows:- “The rationale for striking out petitions was explained by Hoffmann J in Re a company (No 006834 of 1988), exp Kremer [1989] BCLC 365.…

…The learned Commissioner considered the striking out application keeping in mind the fact that he could not order joinder of other companies in the petition.…

…The provision of the rule that is relied upon in striking out the petition, is rule 4 (3) which provides: “(3) The petition shall conclude with a prayer as, for instance, that some specied person should be declared duly…

…arrived at the unanimous decision which was delivered under rule 32(5) of the Rules of this Court allowing the appeal with costs and setting aside the orders made by the Election Court and substituting them with an order striking…