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…The Respondent urged, relying on the case of the Cooperative Merchant Bank Ltd V George Fredrick Wekesa, Civil Appeal No. 54 of 1999, that the remedy of striking out pleadings was to be resorted to most sparingly and as a last…

…resort.…

…, the defence if any should also be considered; and so should the question as to whether the plaintiff can reasonably be compensated by costs for any delay bearing in mind that to deny a litigant a hearing should be the last…

…resort of a court.…

…It has been held that striking out pleadings should be the last resort and should be done where the case is so hopeless that it is not capable of being cured or saved by an amendment.…

…KLR ) where it held that; ‘It is not for nothing that the jurisdiction of the court to strike out pleadings has been described variously as draconian, drastic, discretionary, a guillotine process, summary and an order of last…

…, the defence if any should also be considered; and so should the question as to whether the plaintiff can reasonably be compensated by costs for any delay bearing in mind that to deny a litigant a hearing should be the last…

…resort of a court.…

…That civil jail ought to be a last resort. That the Respondent has not demonstrated any act of the Applicant’s refusal to pay. Counsel urged the court to allow the application and set aside the warrants.…

…Resources Management Authority v Kensalt Limited [2016] KECA 624 (KLR), it was held that: “Because of its far-reaching and drastic nature, the remedy of striking out any pleadings is resorted to very sparingly and as a last…

…resort, hence the alternative recourse in rule 15(1) of amendment instead of striking out.…

…, the defence if any should also be considered; and so should the question as to whether the plaintiff can reasonably be compensated by costs for any delay bearing in mind that to deny a litigant a hearing should be the last…

…resort of a court.…

…Mohammed & Another [2018] eKLR, provided commentary on the powers to impose penalties for contempt, pronouncing that: ‘’The power, to commit a person to jail, must be exercised with utmost care, and exercised only as a last…

…resort.…

…I am mindful of the fact that dismissal of a suit is a drastic step-one which should only be taken as a last resort, where there is clear proof of indifference and laches on the part of the plaintiff.…

…This power, to commit a person to jail, must be exercised with utmost care, and exercised only as a last resort.…

…Courts ought to be the fora of last resort and not the just port of call the moment a storm brews within churches [or parties] as is bound to happen.…

…This power, to commit a person to jail, must be exercised with utmost care, and exercised only as a last resort.…

…This power, to commit a person to jail, must be exercised with utmost care and exercised only as a last resort.…

…That since an unless order was an order of last resort failure to comply would ordinarily activate the sanction it imposed; that where there had been such failure the court would consider the overall justice of the particular…

…In further support of the application, the Applicant submits that striking out a suit should be the last resort, and should only be resorted to when it aligns with the ends of justice.…

…This power, to commit a person to jail, must be exercised with utmost care, and exercised only as a last resort.…

…Courts ought to be the fora of last resort and not the first port of call the moment a storm brews… The exhaustion doctrine is a sound one and serves the purpose of ensuring that there is a postponement of judicial consideration…

…Courts ought to be the fora of last resort and not the first port of call the moment a storm brews within churches, as is bound to happen.…

…, the defence if any should also be considered; and so should the question as to whether the plaintiff can reasonably be compensated by costs for any delay bearing in mind that to deny a litigant a hearing should be the last…

…resort of a court.…