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…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.…

…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…

…However, the applicant’s appeal at the Court of Appeal was struck out with costs upon the respondent’s application.…

…He submitted that the applicant’s appeal was struck out for failure to seek leave to file the appeal out of time. 31.…

…Further, that the suit was struck out vide the ruling dated and delivered on 19/02/2025.…

…The matter proceeded for hearing and vide a decision delivered on 19/02/2025 this court struck out the Originating Summons with costs to the Respondent. 8.…

…The Defendants purported Notice of Appointment of Advocates dated 19th June 2023 be and is hereby struck out and expunged from the record of court. ii.…

…The Defendants purported Defence dated 19th June 2023 be and is hereby struck out and expunged from the record of the court. iii.…

…out and with it the application is also struck out) 1.…

…I therefore agree with the 1st defendant that the application is supported by an incompetent affidavit that ought to be struck out. It is hereby struck out.…

…The substance of these motions concerns the orders made by this court on 17/10/2023, which struck out the plaintiff’s suit. A summary of the motions and the responses thereto will be provided shortly.…

…A review of the entire Order 11 reveals that it does not include provisions for reinstating a struck-out suit or setting aside such orders.…

…The other preliminary objection was more or less to the same effect as it asked that the suit be struck out for being time barred and res judicata. I heard the objections but I was not convinced.…

…If he feels that he has been wrongly sued, he is at liberty to file an application to be struck out of this suit.…

…The Plaintiff’s property manager also asked that the counterclaim be struck out. The Defendant filed Grounds of Opposition dated 2nd February, 2026.…

…ANALYSIS AND DETERMINATION The issue for determination is whether the Defendant’s counterclaim should be struck out.…

…THAT the Plaintiffs’ amended plaint dated 24th April, 2023 be struck out in its entirety for being filed without leave of the Honourable Court, contrary to Order 2 Rule 15 of the Civil Procedure Rules, 2010. 3.…

…He stated that unless the amended plaint is struck out or expunged, he stood to suffer delay and prejudice in defending an irregular suit.…

…out.…

…out on 22nd March 2023.…

…Whether the 1st defendant has met the threshold for the plaintiffs’ pleadings to be struck out for failure to comply with the mediation process. b. Who pays the costs? 4.…

…In my view, the plaintiffs have deliberately failed to attend mediation sessions and even to file a response to this application, which served as a notice to show cause why their suit should not be struck out for non-compliance…

…Whether the 1st defendant has met the threshold for the plaintiffs’ pleadings to be struck out for failure to comply with the mediation process. b. Who pays the costs? 4.…

…In my view, the plaintiffs have deliberately failed to attend mediation sessions and even to file a response to this application, which served as a notice to show cause why their suit should not be struck out for non-compliance…

…out.…

…The defendant argues because the plaintiffs have flouted provisions of law, it meant the amended plaint is incompetent and should be struck out.…

…out with costs. 3.…

…out at the earliest opportunity. 4.…

…The defendants filed the notice of motion dated 23rd April 2025 seeking for inter alia that the further amended plaint dated 21st February 2022 be struck out with costs for being otherwise an abuse of court process.…

…out with costs. 2.…

…out with costs. 3.…

…The 4th respondent preliminary objection on the grounds that the application is fatally defective and an abuse of court process is upheld and the application should be struck out. c.…

…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.…

…It is trite law that a suit can only be struck out in the clearest of the cases where the statement of claim looks so hopeless and no life can be breathed into it.…

…While the application has been made under the provisions of Order 2 Rule 15 of the Civil Procedure Rules, 2010, the 1st Defendant has not applied for the suit or any pleadings to be struck out.…