Case law
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Division and case type: CriminalMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilMiscellaneous Application
…************* 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.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: Constitutional and Human RightsJudicial Review
…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.…