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…judicata to earlier proceedings; (ii)   Whether the constitutional framing of the Petition constitutes an abuse of the court process; (iii)   Whether the additional grounds raised are independently sufficient to warrant striking…

…out; (iv)   Whether the Petition ought to be struck out in its entirety.…

…It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…

……………APPLICANT VERSUS SHAH……………………………..RESPONDENT RULING This is an application which has been brought seeking the review of this court’s order made on 1.12.89 striking out the plaint brought by the applicant on behalf of…

…That this Honouralbe Court has inherent powers to ensure fair administration of justice by striking out documents filed in violation of procedural rules.…

…Chacha for the Plaintiff argues that the objection ought to be rejected as the 2nd Defendant ought o have made a formal application since if the preliminary objection were to be upheld it would have the effect of striking…

…out the plaint.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…Well since by the interlocutory judgment following the striking out of the defence and counter claim, the matter of liability is no longer in issue, as thereby the defendant was found to have wrongfully denied possession…

…The question posed by the instant application is whether the originating summons is so weak, so hopeless that it is only for striking out, or whether it raises issued that ought to go to trial In answering these questions…

…Well since by the interlocutory judgment following the striking out of the defence and counter claim, the matter of liability is no longer in issue, as thereby the defendant was found to have wrongfully denied possession…

…This makes the plaintiff’s application incurably defective and a candidate for striking out.” 13.…

…Nairobi City Council Vs Cris Evanand & Others HCCC No 851/02 (unreported) J W Mwera Prayer for striking out a plaint whereby the name of the plaintiff was incorrectly used.…

…served on his current advocates on 5th February 2024, and on 22nd February 2024 Justice Florence Macharia dismissed the said originating summons with costs for not being filed in the proper court; that it was through the striking…

…out application that they found out that judgement was entered against them in HCC No. 503 of 2011 was dismissed on 12th July 2013, by Mukunya J; that a constitutional petition No. 13 of 2018 was filed, heard and decided…

…This was 3 years after the order of this court striking out the suit. I find that the same has been filed out of time. It is over a period which can be termed as being unreasonable and inordinate delay.…

…It is instructive to note it was after striking out of the suit. The provision of Order 9 Rules 9 and 10 of the Civil Procedure Rules, 2010 provides: Rule 9.…

…What is being appealed from is a ruling striking out the petition but not a positive judgment of the court.…

…In the end, the application for striking out of the suit is devoid of merit and is hereby dismissed with costs. It is so ordered. ................................................ HON. E. O.…

…ANALYSIS AND DETERMINATION Preliminaries 11 The Respondents have raised several preliminary issues which I find necessary to address at this early stage of this Judgement and on whose basis the respondent seeks the striking…

…out of the petition. 12 The court has been invited to strike out the petition for failure on the part of the Petitioners to issue 30 days’ notice as required the provisions of section 67(a) of the Kenya Road Act 2007.…

…What is being appealed from is a ruling striking out the petition but not a positive judgment of the court.…

…What is being appealed from is a ruling striking out the petition but not a positive judgment of the court.…

…The appellants are not contending that their counterclaim survived the striking out, or what stood in their way of pursuing any claim(s) (if any) in alternative proceedings against Omar.…