Case law
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Division and case type: Constitutional and Human RightsPetition
…He also stated that the petition should be struck out as it had been advertised before a lapse of seven days for service.…
…He argued that in the current case the company having been only given 7 days notice, the petition was incompetent and should be struck out.…
Division and case type: Constitutional and Human RightsElection Petition
…The application is pre mature misconceived and devoid of any merit and should accordingly be struck out. 2. The purported affidavit sworn and filed by George Kaptenis defective and should accordingly be struck out. 3.…
…out.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: Milimani Commercial CourtsElection Petition
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: Constitutional and Human RightsPetition
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…it out. 8.…
Division and case type: Constitutional and Human RightsElection Petition
…Accordingly the petition should be dismissed / struck out on this ground.…
…The petition was however struck out on the basis above stated.…
Division and case type: Constitutional and Human RightsPetition
…It is contended by the petitioner that the application be struck out as a sham and abuses the court process. As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed.…
Division and case type: Constitutional and Human RightsPetition
…that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that the petition be stayed or struck…
…out.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: Constitutional and Human RightsElection Petition
…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.…
Division and case type: Milimani Commercial CourtsElection Petition
…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.…
Division and case type: Constitutional and Human RightsPetition
…He prayed for the charge at Shanzu Law Courts to be struck out.…
Division and case type: Environment and LandPetition
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
Division and case type: Constitutional and Human RightsElection Petition
…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…
Division and case type: Constitutional and Human RightsElection Petition
…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…