Search court decisions

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…Where a suit is filed and withdrawn or struck out, time does not stop running nor does it wait for the person.…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

…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…

…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…

…E1099 of 2020 which was struck out after he had withdrawn it hence, he cannot purport to relitigate the matter afresh.…

…That the matter herein is res judicata the withdrawn and struck out matter hence this application should be struck out in limine.…

…out rather than being dismissed.…

…It concluded that where a pleading is not signed, the same should be struck out. 17.…

…The grounds are that the application was properly struck out, no good excuse has been given for not attending court, the non-attendance is not the only incidence of lapses by the applicant, there had been proper service of…

…That notice of motion was struck out on 19th December 2025, for having been filed outside time, and without leave. 4.…

…The application for stay is struck out. The matter in the court below should proceed and this appeal can only be dealt with if there is a conviction or acquittal and sentence as the case may be. 7.…

…The authority to plead is struck out as it relates to the domain of civil proceedings. In criminal matters, accused persons have individualized rights and duties. Criminal liability is not shared. 8.…

…This court struck out the Applicant’s Judicial Review proceedings for want of jurisdiction. 2. The Applicant has challenged the said ruling through Civil Appeal No.…

…In the intervening period, the 2nd Interested Party has commenced taxation proceedings pursuant to the costs awarded in the struck-out matter. 4.…

…All the Replying Affidavits filed by the 2ndRespondent are untenable in the matter and therefore need to be struck out.…

…The affidavits be struck out, and the application be allowed with costs.…

…The Applicants seek this Court to review, vary, or set aside its directions of 25 th November 2025 that struck out the substantive Notice of Motion for being filed out of time, and for its reinstatement, with leave operating…

…In response 1 st and 2 nd Respondents filed grounds of opposition dated 19 th January 2026 contending that the application is incompetent, misconceived, and an abuse of process because the earlier Motion was struck out for…

…(In respect of the Preliminary Objection by the 1st Respondent dated 1st October 2025 seeking to have the present suit struck out on the premise that the ex parte Applicant lacks locus standi to institute and maintain these…

…The 1st Respondent seeks orders for the judicial review proceedings to be dismissed and/or struck out with costs. 2.   …

…That petition was struck out, on 22nd October 2021, and the appellant was advised to seek leave to file appeal out of time, which he did. Although the file, in Busia HCCr. Pet. No.…

…E032 of 2021, is marked “struck out,” it should have been moved to the archives, instead of being put together with the instant appeal file. 9.…

…out. ix) The whole suit will thus be fatally defective since it will lack evidence in support contained in the verifying affidavit and this whole suit should be struck out. x) The deponent of the verifying affidavit is estopped…

…They are all struck out. 39. With the affidavits having been struck out, what is the fate of the Application?…

…The Notice to Show Cause is bad in law, incompetent, and an abuse of the court process and should be struck out with costs.” 3.…

…Without belabouring the point, purported notice to show cause given under the hand of the deputy registrar on 20 September 2023 is a nullity in law and is hereby struck out with costs to the respondent. It is so ordered.…

…This is a ELRC matter it is struck out for want of jurisdiction…

…The application dated 5.3.26 is hereby struck out. This file was closed on 4.12.25 and no orders can avail in the circumstances.…

…The application is in the circumstances struck out. The Appl…