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 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 Case
…Consequently, I strike out the name of the second defendant from the consolidated suits with costs to the second defendant. Dated and delivered at Nairobi this 11th day of December 1995 . E. M GITHINJI JUDGE…
Division and case type: CivilCivil Case
…I therefore allow the application dated 30/5/2012 and strike out the application dated 16/5/2012. The proceedings that arose during the year 2012 in which Mr.…
Division and case type: CivilCivil Case
…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…
Division and case type: CivilCivil Case
…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…
Division and case type: CivilCivil Case
…For the reasons stated, the application to strike out fails and is dismissed with costs. Dated, Signed and Delivered at Nakuru this 16th day of December, 2011. W. OUKO JUDGE12…
Division and case type: CivilCivil Case
…I award costs to the respondent and dismiss this application and strike out the suit. Dated and delivered at Nairobi this 9th day September, 2003 M. A. ANG’AWA …………. JUDGE…
Division and case type: CivilCivil Case
…particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation, and the policy of the Courts, being to strike…
Division and case type: CivilCivil Case
…To strike out the defence would I think be wrong having regard to the matters of law pleaded therein which raises triable issues. These questions however have now been fully argued.…
…Although it would be illogical to give judgment on admissions contained in the defence and at the same time strike out that defence it does appear to me that the defence at least in part tended to prejudice, embarrass and…
Division and case type: CivilCivil Case
…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…
Division and case type: CivilCivil Case
…The growing practice of advocates swearing affidavits on behalf of their clients must cease forthwith and in an appropriate case this Court will not hesitate to strike out such affidavits, particularly if an objection is…
Division and case type: CivilCivil Case
…The 1st defendant did not strike me as a honest and candid person. Most of the time he was deliberately evasive in his answers. He claimed to have purchased the suit premises from his own resources.…