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…It is trite law that the remedy of striking out is a discretionary one that the court should use sparingly.…

…In the case of Equatorial Commercial Bank Ltd v Jodam Engineering Works Limited & 2 others [2014] KEHC 6204 (KLR), it held that: “It cannot be gainsaid that striking out of pleadings should be done sparingly.” 7.…

…Whether the 1st defendant had made out a case for striking out the suit. b. Who shall bear the costs of the application. F. Analysis and determination a.…

…As pointed out before, the plaintiff has not disputed the factual foundation of the application for striking out. The plaintiff has not disputed that it is no longer the owner of the suit properties.…

…Mwaiga had no root and was for striking out as an invalid document. o).…

…The Learned Counsel submitted that striking out pleadings was a draconian move as was stated in the case of: “D.…

…The plaintiffs moved the court through the application dated 5th March 2025, seeking for among others, the varying and ultimately setting aside the orders of 29th January 2025 striking out the plaintiffs’ suit on grounds…

…Whether the court is with jurisdiction to hear and determine the application to set aside the striking out order for failure to comply with the mediation process. b.…

…out in terms of Order 4 Rule 6 of the Civil Procedure Rules, 2010. b) That in so far as the Plaintiff's suit is commenced by way of an Originating Summons as Amended, the same is incompetent and fit for striking out in limine…

…As a result, the suit was fit for striking out in terms of the provision of Order 4 Rule 6 of the Civil Procedure Rules, 2010.…

…On the Prayer for Striking Out. 17. The 5 th Defendant PAUL WANDERI NDUNG’U, has in this Application urged this Court, to strike out from this suit, the claim against him.…

…On the court’s power of striking out suits, C.B Madan JA (as he was) in DT Dobbie Co. Ltd v.…

…Following the order striking out the suit against the 2nd and 3rd Defendants, the 1st Defendant moved the court vide the Chamber Summons application dated 30th September, 2024 seeking the following orders: 1.…

…Whether, following the order of the court of 22nd October, 2021 striking out the suit against the 2nd and 3rd Defendants, the suit as against the 1st Defendant should be struck out. b.…

…Striking out is a draconian remedy and should be reserved for plain and obvious cases where a pleading is so hopeless that it cannot be sustained even by an amendment.…

…There is no basis for striking out the suit at this stage. 23. The challenge to the Defendant's capacity is also not a basis for striking out the suit.…

…Order 2 Rule 15 of the Civil Procedure Code is on striking out of pleadings and provides as follows; - (1) At any stage of the proceedings the court may order to be struck out or amended any pleading on the ground that— (…

…Joseph Mboya Oguttu [2009] eKLR restated these principles as follows: - “The principle guiding the Court when considering such an application which seeks striking out of a pleading is now well settled.  Madan J.A.…

…It cannot be gainsaid that striking out of pleadings is a drastic remedy that should only be resorted to in special circumstances.…

…Dobie and Company (Kenya) Ltd vs Muchina (1982) KLR 1 discussed the issue at length and although what was before him was an application under Order 6 rule 13 (1) (a) which was seeking striking out a plaint on grounds that…

…The application seeks striking out of the Plaintiffs’ suit in the said case and is supported by an affidavit sworn by Mr Gideon M Nyambati, Learned Counsel on record for the Applicants.…

…Striking out of pleadings is a remedy provided for under Order 2 Rule 15 (1) and (2) of the Civil Procedure Rules as follows: (1) At any stage of the proceedings the court may order to be struck out or amended any pleading…

…That affidavit is for striking out and it is hereby struck out. Without a competent affidavit, it cannot be said that there is any application before me and this application is also for striking out.…

…He also relied on Order 2, Rule of the CPR on the striking out of pleadings and suits. 22.…

…In the instant matter, the record shows that the prayer for striking out the suit is based on similar grounds as those contained in the PO, namely that the Respondent is a non-member of PCEA and therefore lacks the locus…

…It cannot be gainsaid that striking out of pleadings is a drastic remedy that should only be resorted to in special circumstances.…

…Dobie and Company (Kenya) Ltd vs Muchina (1982) KLR 1 discussed the issue at length and although what was before him was an application under Order 6 rule 13 (1) (a) which was seeking striking out a plaint on grounds that…

…That effectively means the issues herein are res judicata HCCC No. 57 of 2016, and without much ado, this suit is for striking out. b.…

…Having found merit in the striking out prayer, I do not find any need to pronounce myself on the stay of proceedings prayer and the plaintiff’s chamber summons as they all fall by the way. c.…

…The Respondent avers that he was surprised by the turn of events and prayed that he be granted leave to regularize his documents stating that striking out his defence will make him suffer prejudice and likely lose his land…

…………striking out pleadings is resorted to very sparingly ……… courts are encouraged to have recourse to amendment. An application for striking out pleadings does not require the court to engage in a mini-trial.” 10.…

…out of the Reply to the 3rd Defendant’s Amended Defence and Defence to Counterclaim dated 12th February 2024. d) THAT the Plaintiff extract the summons for 2nd defendant and be served in accordance with Order 5 of the Civil…

…Furthermore, striking out of pleadings has been rendered as a draconian and drastic solution that ought to only be entertained in the hopeless cases which is not the case here. See Blue Shield Insurance Co.…

…out. i) The Plaintiff has always been ready to prosecute his suit and the delay in taking off to date has been occasioned initially by the proceedings that were pending in KISUMU ELC No. 74 of 2016 and lately by the failure…

…It was therefore erroneous for the court to make substantive orders striking out the plaintiff suits. The court was clearly wrong leading to a miscarriage of justice.…

…The order of 12th March 2026 was one striking out the former Chamber Summons because its pleading did not identify the challenged items.…

…A striking-out order for curable incompetence ordinarily leaves the merits undecided. That distinction is substantive, not semantic. The decision of the Court of Appeal in D.T.…