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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.…

…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.…

…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.…

…An appeal from that decision being Civil Appeal No. 287 of 1996 was, on 30 October, 1997 struck out for being incompetent as the certified copy of the order appealed from did not comply with the provisions of Order XX rule…

…The only specific provision under which a suit may be struck out is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1.…

…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…

…out on 20 May, 1999.…

…The Certificate of Delay included in the original appeal which was struck out and the one attached to the present application states in paragraph 6 as follows: "By letter dated 20th May 1998 the Advocates were notified that…

…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.…

…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.…

…Since then no step was taken to have the same struck out under rule 80 of the Rules of this Court.…

…seriously of the view that the applicant's projected appeal was frivolous, the first thing she should have done is to seize the opportunity of the delay in the service of the Notice of Appeal and apply to this Court to have it struck…

…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.…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is hereby struck…

…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.…

…************* RULING OF THE COURT By this application brought under rule 80 of the Rules of this Court, the applicant who is acting in person urges that the Notice of Appeal lodged in this court on 9th October, 1998, be struck…

…out on the ground that the respondent has not filed the appeal within the time prescribed by the Rules.…

…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.…