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: 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: 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: 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: 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: 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 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.…