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…That application sought an order that the name of the second defendant be struck out and the suit against the second defendant be dismissed with costs on the ground that the second defendant is immune from the jurisdiction…

…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…

…The application is pre mature misconceived and devoid of any merit and should accordingly be struck out. 2. The purported affidavit sworn and filed by George Kaptenis defective and should accordingly be struck out. 3.…

…out.…

…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…

…that appeal had been lodged, survived as it could not be struck out along with the appeal.…

…That the petition herein be struck out on the ground that the same was not personally served on the first respondent within 28 days after the date of publication of the result of Parliamentary Election in the Gazette on 3…

…I also note that the Act and the rules do not provide for the consequences arising for the non compliance with the provisions and therefore there is no right to have the petition struck out.…

…would not suffer any prejudice if the suit proceeds. 5) It is in the interests of fairness and Justice that this application be dismissed and that the Defendnats be at liberty to prosecute their application to have the suit struck…

…out. 6) The Applicants do not have an arguable appeal.…

…would not suffer any prejudice if the suit proceeds. 5) It is in the interests of fairness and Justice that this application be dismissed and that the Defendnats be at liberty to prosecute their application to have the suit struck…

…out. 6) The Applicants do not have an arguable appeal.…

…The suit is therefore liable to be struck out. The only issue in dispute is what order for costs should be made. The Plaintiff says that it is not his fault that the suit has now become spent.…

…This suit be and is hereby struck out. 2. Each party to bear its own costs of the suit. DATED AT NAIROBI THIS 17TH DAY OF DECEMBER, 2007 H. P. G. WAWERU J U D G E DELIVERED THIS 20TH DAY OF DECEMBER, 2007…

…The order sought on behalf of the 2nd respondent reads as follows: “THAT the petition be struck out or dismissed for the petitioner having failed to effect any or any valid service of the notice of the presentation of the…

…The High Court has held in the past that a party may be struck out from the petition and the petitioner may proceed against the remaining parties. - see Election petition No.1 of 1994 Maj.…

…As the respondent failed to repay the capital and the agreed profits, the applicant filed this suit for accounts and seeks the defence to be struck out and for the judgment to be entered as prayed.…

…Owino for the applicant submits that the defence of denial of the agreement is a mere sham and should be struck out.…

…In the meantime, the 1st defendant has brought the present application dated 30th January, 2009 for orders that the originating summons be struck out for the reasons that: i) the claim is statute barred; ii) the agreement…

…I reiterate that the instant application seeks that the originating summons be struck out.…

…It can serve no other purpose but should be struck out.…

…The principle does bind this Court here and the result is that this petition is struck out.…

…That the plaint herein dated 20th June, 2007 and filed in court on the same day be struck out. 2. That the cost of this application and of the suit be borne by the Plaintiff.…

…The plaint dated 20th June, 2007, and filed in court on the same day is accordingly hereby struck out as prayed, with costs of the application and of the suit to be paid by the Plaintiff. Orders accordingly.…

…This was withdrawn and another filed on 2nd December, 2008 that was duly struck out. 4.…

…The advocate filed an application of 3rd November, 2007 and 2nd December, 2008 which was then withdrawn and or struck out due to the issue of representation. 8.…

…Following an application by the plaintiff the defendants defence was struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court…

…However, on its defence being struck out, the plaintiff’s case stood unchallenged and the defendant must be deemed to have acted unlawfully in canceling the allocation and purporting to repossess the plot.…

…That the plaint herein dated 20th June, 2007 and filed in court on the same day be struck out. 2. That the cost of this application and of the suit be borne by the Plaintiff.…

…The plaint dated 20th June, 2007, and filed in court on the same day is accordingly hereby struck out as prayed, with costs of the application and of the suit to be paid by the Plaintiff. Orders accordingly.…

…RESPONDENT R U L I N G The applicant's previous appeal was struck out for incompetence on the 7th March, 1997. The present application was filed on the 14th March, 1997.…

…court, the counsel for the plaintiff/applicant said that on the date in question he appears to be untruthful because it was Trainor, J. who ordered the plaintiff/applicant’s application filed in this court on 13.11.84 to be struck…

…out on 8.1.185 for the non called out for a second time at 12.30 p.m.…

…The 2nd defendant on the other hand has filed an application under order VI rule 13 of the Civil Procedure Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against…

…That suit was struck out and dismissed with costs on 10th June, 1987.…