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…That the petition herein be struck out on the ground that the same was not personally served on the first respondent within 28 days after the date of publication of the result of Parliamentary Election in the Gazette on 3…

…I also note that the Act and the rules do not provide for the consequences arising for the non compliance with the provisions and therefore there is no right to have the petition struck out.…

…An appeal from that decision being Civil Appeal No. 287 of 1996 was, on 30 October, 1997 struck out for being incompetent as the certified copy of the order appealed from did not comply with the provisions of Order XX rule…

…The only specific provision under which a suit may be struck out is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1.…

…out on 20 May, 1999.…

…The Certificate of Delay included in the original appeal which was struck out and the one attached to the present application states in paragraph 6 as follows: "By letter dated 20th May 1998 the Advocates were notified that…

…The order sought on behalf of the 2nd respondent reads as follows: “THAT the petition be struck out or dismissed for the petitioner having failed to effect any or any valid service of the notice of the presentation of the…

…The High Court has held in the past that a party may be struck out from the petition and the petitioner may proceed against the remaining parties. - see Election petition No.1 of 1994 Maj.…

…It can serve no other purpose but should be struck out.…

…The principle does bind this Court here and the result is that this petition is struck out.…

…Since then no step was taken to have the same struck out under rule 80 of the Rules of this Court.…

…seriously of the view that the applicant's projected appeal was frivolous, the first thing she should have done is to seize the opportunity of the delay in the service of the Notice of Appeal and apply to this Court to have it struck…

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is hereby struck…

…************* RULING OF THE COURT By this application brought under rule 80 of the Rules of this Court, the applicant who is acting in person urges that the Notice of Appeal lodged in this court on 9th October, 1998, be struck…

…out on the ground that the respondent has not filed the appeal within the time prescribed by the Rules.…

…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…

…Accordingly the petition should be dismissed / struck out on this ground.…

…The petition was however struck out on the basis above stated.…

…Mr Justice Porter struck out the summons on May 3, 1984 because it had not been filed in any suit and therefore he held he had no jurisdiction.…

…The Law Society, in turn, filed a notice of appeal in that action which has, I think, been struck out though it is easy to lose one’s way in the morass of litigation between the parties.…

…It is my finding that the applicant has no locus standi to bring this application and it is hereby struck out. Each party to meet their own costs.…

…Consequently the 2nd respondent prays that the petition be struck out with costs. Both learned counsel have made their able submissions and cited some authorities. 7.…

…Consequently the 2nd respondent prays that the petition be struck out with costs. Both learned counsel have made their able submissions and cited some authorities. 7.…

…Havi and then on 14/10/2011 the prayer on the register was struck out. Surely the court cannot know what goes on in counsels’ offices and relies only on what happens in court.…

…aver and affirm that the Applicant vide a Notice of Motion application dated the 9th day of October, 2017 and filed in court on the even date and his Reply to the 1st, 2nd, and 3rd Responses to Petition which were both struck…

…out by this Honourable Court on the 3rd day of November, 2017, the Applicant had unsuccessfully sought to introduce in the Petition herewith Kizingitini Dispensary listed as number I, Kiangwe listed as number V, Bahari Primary…

…aver and affirm that the Applicant vide a Notice of Motion application dated the 9th day of October, 2017 and filed in court on the even date and his Reply to the 1st, 2nd, and 3rd Responses to Petition which were both struck…

…out by this Honourable Court on the 3rd day of November, 2017, the Applicant had unsuccessfully sought to introduce in the Petition herewith Kizingitini Dispensary listed as number I, Kiangwe listed as number V, Bahari Primary…