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…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…

…For that reason, I decline to strike out the Plaintiff’s/Respondent’s suit subject to the Respondent paying thrown away costs to the Applicant within 14 days from date herein assessed at Kshs.30,000/- Dated at Nairobi this…

…We have before us a motion of notice filed on June 2 1983 by the advocates for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of the Court of appeal Rules asking this court to strike…

…Rule 80 declares that a person on whom a notice of appeal had been served may at any time, either before or after the institution of the appeal, apply to this court to strike out the notice or the appeal on the grounds that…

…I strike out the suit and award costs thereof to the 1st to 10th defendants. DATED, SIGNED & DELIVERED at Nakuru this 17th day of December, 2004. DANIEL MUSINGA AG. JUDGE 17/12/2004…

…The plaintiff may now set down his application for an order to strike out the defence for hearing. Dated and Delivered at NAIROBI this 6th Day of September, 1988 G.S. PALL …………. JUDGE…

…Moreover on the merits, the grounds relied upon for seeking to strike out the suit are not referable to the date of the suit but on certain alleged defaults to comply with terms of a certain order made herein by consent.…

…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…

…The effect of that sub-rule clearly gives to the court the power to strike out any party improperly joined. Mr Hyanga maintained that what was before the court was an amended plaint and order VIA (1) applied.…

…Either to strike it out or to save and whether struck out or saved, the authority for striking out or saving it.…

…It has to be struck out, the court accordingly strikes out the same. vi.…

…You strike it out by way of rectification, and the court has therefore declared that it ought never to have been entered at all. They had struck it out from the very beginning.”…

…plaintiffs then filed an application vide order 6 rule 13(l) a,b,c and d and order 35 rule 1(a) and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act seeking orders that this honourable court be pleased to strike…