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…Courts of law are often called upon to endeavor to sustain suits rather than strike them out. 8.…

…A great number of judicial decisions have now settled the legal principles which should guide the Court in determining whether to strike out a pleading.…

…Strike-Out Principles 12. The Court finds that the power to strike out a suit is extraordinary and must be exercised sparingly .…

…The strike-out application fails to meet the high threshold established in DT Dobie & Co (Kenya) Ltd v Muchina.…

…That the honourable court be pleased to strike out the entire Plaintiff’s suit with costs; 3. That the costs of this application be in the cause. 2.…

…The jurisdiction to strike out pleadings is discretionary and must be exercised judicially.…

…That the honourable court be pleased to strike out the entire Plaintiff’s suit with costs; 3. That the costs of this application be in the cause. 2.…

…The jurisdiction to strike out pleadings is discretionary and must be exercised judicially.…

…Counsel stated that the current application is seeking to strike out the counterclaim for want of a cause of action. 15.…

…It dismissed the Plaintiff’s request to strike out the 3rd Defendant’s Counterclaim and awarded costs to the 3rd Defendant.…

…By a Notice of Motion dated 4th July 2025, National Bank of Kenya (the 3rd Defendant) prays for an order that the Court be pleased to strike out the Plaintiff’s Amended Plaint dated 15th November 2024. 2.   …

…The power of the Court to strike out pleadings is granted under Order 2 Rule 15(1) of the Civil Procedure Rules which provides as follows: “(1) At any stage of the proceedings the court may order to be struck out or amended…

…THAT the Honourable Court be pleased to strike out this suit in its entirety as against the 1st Defendant. 2.…

…THAT in the alternative, the Honourable Court be pleased to strike out the suit (if any) against the 1st Defendant for want of prosecution. 3.…

…Based on the materials and submissions before me, I identify the issues for this court''s decision as whether to strike out the current suit and who should bear costs. 6.…

…Mwania for the plaintiff that the orders sought here are to strike out the suit because it is defective in violation of Order 9, Rules 1 and 1,2 (a) of the Civil Procedure Rules.…

…The power to strike out the plaint or [counterclaim] under the Rule is not mandatory but permissive.…

…The phrase “the court may….’ in Order 1(3) and in the new Order 1(6) gives the court discretion whether or not to strike out a plaint as the court held in Arisi case (supra)” “ Issues for determination 11.…

…prejudice to the foregoing, may also strike out the 1st Defendant from the suit. b) The costs of this application be provided for. 2.…

…The issues I frame for the court's consideration, based on the materials and submissions submitted to me, concern whether to strike out the name of the 1st defendant or to strike out the entire suit against the 1st defendant…

…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…

…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…

…The sole and critical issue for determination in this matter is whether the court should strike out the Plaintiff’s suit for non-compliance with the conditions in the ruling of 25 th September 2025.…

…In determining the issue whether the court should strike out the Plaintiff’s suit as requested by the Applicant in the application under consideration, I am guided by the words of Ringera J (as he then was), in the case of…

…Vide a Notice of Motion dated 1st December 2025, the plaintiff now wants to strike out the defence on the grounds that it is a bare denial.…

…Should the court strike out the defence filed by the defendants? It is trite law that the remedy of striking out is a discretionary one that the court should use sparingly.…

…The Defendants aver that this suit is a non-starter and a nullify in law and hereby give notice that they shall apply to strike out and /or dismiss the suit.’’ C. APPLICATION 3.…

…Procedure Act, Order 2 Rule 15 (a) (b) (c) and (d) of the Civil Procedure Rule 2010, and Section 54 and 82 of the Law of Succession Act CAP 160 Laws of Kenya, for the following orders: 1) That this Honourable Court be plead to strike…

…dated 12.05.2025 filed pursuant to Order 2 Rule 15 (1) (d) of the Civil Procedure Rules, Sections 1A, 3A, 63 (e) of the Civil Procedure Act (the Act) and all other enabling provisions of the law, the defendant sought to strike…

…It was contended that the application was res judicata on account of an earlier application dated 19.12.2022 in which the defendant sought, inter alia, to strike out the suit as a nullity.…

…In support of the Motion, the 4 th Defendant/Applicant has anchored its submissions on Order 1, Rule 10(2) of the CPR which lays down the principles for consideration by a court in determining whether to strike out a party…

…It also relied on the case of George Stephen Muhoro v Catherine Wanjiku & 5 others [2014] KEHC 6772 (KLR) where the court in determining whether to strike out a party from the suit in question, addressed the issue whether…

…The Honourable Court be pleased to strike out the 5th Defendant’s Defence; 3. This Honourable Court be pleased to enter Judgment against the Defendant to vacate the suit property; 4.…

…By its application before the court, the Plaintiff urges the Court to be pleased to strike out the 5th Defendants’ Defence and to enter judgment against the 5th Defendant to vacate the suit property.…

…That the court to be pleased to strike out the Plaintiffs’ pleadings for failing to comply with the Mediation process as directed by this court. c.…

…referral of the file under rule 28(4), the court may— (a) order the party in default to pay a penalty fee as the court may deem fit unless the party satisfies the court that there was a good cause for non-compliance; (b) strike…

…That the court to be pleased to strike out the Plaintiffs’ pleadings for failing to comply with the Mediation process as directed by this court. c.…

…referral of the file under rule 28(4), the court may— (a) order the party in default to pay a penalty fee as the court may deem fit unless the party satisfies the court that there was a good cause for non-compliance; (b) strike…