Case law
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Division and case type: CivilCivil Case
….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…
Division and case type: CivilCivil Appeal
…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…
…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…
Division and case type: Milimani Commercial CourtsCivil Case
….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…
Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike…
…In support of the application to strike out the appeal, Miss Tasneem Kasmani – Moolvaj, learned counsel for the applicant, submitted, among other things, that the decision of the High Court is final and no appeal lies from…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: Milimani Commercial CourtsCivil Case
…Defendants Advocates on 14.03.2007. 2) Unknown to the Plaintiffs and while the show cause proceedings were going on before this Court, the Defendants on 03.08.2006 filed a Chamber Summons Application dated 01.08.2006 to strike…
…Kopere contends that as the “show cause” proceedings against the 1st Defendant were going on, the Defendants filed an application on 3rd August, 2006 seeking to strike out the entire suit.…
Division and case type: Milimani Commercial CourtsCivil Case
…Defendants Advocates on 14.03.2007. 2) Unknown to the Plaintiffs and while the show cause proceedings were going on before this Court, the Defendants on 03.08.2006 filed a Chamber Summons Application dated 01.08.2006 to strike…
…Kopere contends that as the “show cause” proceedings against the 1st Defendant were going on, the Defendants filed an application on 3rd August, 2006 seeking to strike out the entire suit.…
Division and case type: CivilCivil Appeal
…VIRDI T/A JASWINDER SINGH ENTERPRISES......................... 3RD RESPONDENT (Application to strike out the record of appeal lodged on 9th September 1997 from the ruling of the High Court of Kenya at Nairobi (Mr Justice…
…In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to strike…
Division and case type: CivilCivil Appeal
…She had also applied in CMCC Number 817 of 2006 to strike out the plaint in that suit for being an abuse of the process of court as the Appellant had after filing that suit, as it were, ignored it and repossessed the vehicle…
…The Appellant’s plaint in CMCC Number 817 of 2006 was strike out and he was ordered to return the vehicle to the Respondent. This appeal is against the ruling allowing those applications.…
Division and case type: CivilCivil Appeal
…Rule 80 lays down that a person on whom a notice of appeal has been served may at any time, either before or after the institution of the appeal, apply to the court to strike out the notice or the appeal, as the case may…
…The respondent not having been served with notice of appeal, he could not have moved the court to strike the appeal under rule 80.…
Division and case type: CivilCivil Appeal
…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…
…On the instructions of Mr Matiba, the appellant who was acting for him in his election petition, unsuccessfully moved this Court in Misc Application No 241 of 1993, to strike out the Notice of Appeal.…
Division and case type: CivilCivil Case
…In their submissions both advocates referred to the provision of section 10 sub-section 4 of the Act (cap 405) in asking the court to strike out or not to strike out the defence, though the application is of course grounded…
…From all the reasons I have considered, I am in agreement with Kiania Njau, for the applicant that the defence herein “discloses no defence”, and I hereby proceed to strike it out, and award the costs of the application and…
Division and case type: CivilCivil Appeal
…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…
Division and case type: CivilCivil Appeal
…It is deponed that the applicants staged a strike in the college, incited other students to join the unlawful strike and so undermined the college authority.…
…And that on the same date, the applicants staged an unlawful strike and that as a result the terminal examinations for the first and second year students had to be postponed.…
Division and case type: CivilCivil Appeal
…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…
Division and case type: CivilCivil Appeal
…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…
Division and case type: CivilCivil Appeal
…NO. 1501 OF 1989) ***************** RULING OF THE COURT This is an application to strike out the appeal under Rule 80 of the Rules of this Court.…
Division and case type: CivilCivil Appeal
…In the result we allow the applicant's application and strike out the appellant's appeal with costs to the applicant Isaac Matheka Mutua together with the costs of this application.…
Division and case type: CivilCivil Appeal
…The appellant’s ground for asking the High Court to strike out the plaint because it disclosed no cause of action against it (appellant) was that there was no privity of contract between it and the respondent.…
…We accordingly allow this appeal, set aside the orders made by the judge and substitute those orders with one allowing the appellant’s application by way of chamber summons and strike out the plaint as disclosing no reasonable…