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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…

…The Motion dated is struck out with no order on costs, since the Respondents did not participate in the proceedings.…

…The application is struck out. Costs to the respondents. Delivered in open court at Mombasa this 8 day of August 2025. M. MBARŨ JUDGE In the presence of: Court Assistant: Japhet ……………………………………………… and ………………….…………………………

…Where a suit is filed and withdrawn or struck out, time does not stop running nor does it wait for the person.…

…In other words, the law has no stop the clock provision for suits which are struck out. The new suit is treated as a new separate suit and not a continuation of the struck out suit.…

…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.…

…The question is, mandamus application having been struck out, what is it that was pending to be determined?…

…The answer is that no sooner had Justice Ngaah struck out the substantive motion for Mandamus, than the applicants lodged an application dated 29 th November 2021 seeking for review of the judgment and order that struck out…

…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…

…Having struck out the affidavit which is not sworn by the applicant, I note that order 53 Rule 1(2) of the Civil Procedure Rules mandates that an application for leave shall be accompanied by; (a)… (b) Affidavits verifying…

…I decline to certify the application as urgent and having struck out the ‘supporting “affidavit”’ as being incompetently filed for failure to sign the affidavit by the deponent, the chamber summons dated 3/12/2025 cannot…

…out.…

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