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…The plaintiff has applied for striking out the said defence on the grounds that it was vexatious and otherwise an abuse of the process of the court.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…This what the Judge said when striking out the Applicant’s application: “The fact that Chemitei J was transferred from Kitale to Nakuru did not affect the continued validity of the order he issued; since an order once issued…

…out a suit.”…

…Under rule 1(3) of order vii Civil Procedure Rules, the Superior Court however had a discretion – it had jurisdiction instead of striking out the plaint to make any other appropriate orders such as giving the plaintiffs another…

…In the premises I find the plaintiff/applicant has made out a case and I grant him the relief sought by striking out the defence filed herein by the defendant and the plaintiff be and is hereby given liberty to proceed by…