Case law
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Division and case type: Milimani Commercial CourtsCivil Suit
…The Plaintiff being dissatisfied with the particulars filed an application seeking to have the Defendant’s pleadings struck out. The Defendant’s Advocate did not appear for the hearing of the application.…
…bound by the conduct of his legal representatives; and that, accordingly, since the conduct of the defendant’s representatives could not excuse the failure to comply with the unless order the pleading had property been struck…
Division and case type: Constitutional and Human RightsPetition
…He also stated that the petition should be struck out as it had been advertised before a lapse of seven days for service.…
…He argued that in the current case the company having been only given 7 days notice, the petition was incompetent and should be struck out.…
Division and case type: CivilCivil Suit
…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…
Division and case type: CivilCivil Suit
…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…
Division and case type: CivilCivil Suit
…When the same were not forthcoming he applied to court to have the defendants compelled to furnish them or in the alternative to have the defence struck out.…
…The defendants did not oppose that application with the result that the court struck out the defence and subsequently judgment was entered for the plaintiff as prayed in the plaint and a decree followed.…
Division and case type: CivilCivil Suit
…So the prayers which were left were, firstly that the suit be struck out for being an abuse of the process of the court and for want of prosecution. An application under O.…
…An issue was raised by plaintiff to the effect that the application did not particularize which pleadings should be struck out. Considering what I have already stated consideration of this issue is not necessary.…
Division and case type: Constitutional and Human RightsPetition
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…it out. 8.…
Division and case type: CivilCivil Suit
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…it out. 8.…
Division and case type: Environment and LandCivil Suit
…The court held that such an affidavit is incurable and it should be struck out.…
…Either to strike it out or to save and whether struck out or saved, the authority for striking out or saving it.…
Division and case type: CivilCivil Suit
…proceedings either upon or without the application of either party, (my emphasis) and on such terms as may appear to the court to be just, order that the name of the party improperly joined, whether as a plaintiff or defendant be struck…
…out”.…
Division and case type: Constitutional and Human RightsPetition
…It is contended by the petitioner that the application be struck out as a sham and abuses the court process. As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed.…
Division and case type: CivilCivil Suit
…Consequently the plaint filed in this court and Chamber Summons dated the 12th May 2003 amounts to abuse of the process of court and are hereby struck out under Order VI Rule 13(1) (d) of the Civil Procedure Rules.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
Division and case type: Constitutional and Human RightsPetition
…that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that the petition be stayed or struck…
…out.…
Division and case type: CivilCivil Suit
…out of the register and the register rectified.…
…They had struck it out from the very beginning.” This is different from making another entry recording a lawful transfer by a court order after first registration. The first registration is not struck out.…
Division and case type: CivilCivil Suit
…It is my finding that the applicant has no locus standi to bring this application and it is hereby struck out. Each party to meet their own costs.…
Division and case type: CivilCivil Suit
…The plaintiff/applicant has filed chamber summons under order VI rule 13(b) and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous…
Division and case type: Constitutional and Human RightsPetition
…He prayed for the charge at Shanzu Law Courts to be struck out.…
Division and case type: Environment and LandPetition
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
Division and case type: CivilCivil Suit
…Trigeli Ltd (trading as Southern Window and General Clearing Co and Another 3 AER 671 where the District Registrar made a consent order that the defence of both defendants should be struck out unless the interrogations were…