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…In the circumstances it is quite clear that he went to sleep and the applicant has quite properly applied to have the notice of appeal struck out.…

…We accordingly order that the notice of appeal filed in Court on 18th December, 1998 be struck out with costs to the applicant. Dated and delivered this 16th day of November, 1999. A. M. AKIWUMI ...............…

…CAUSE NO. 117 OF 1986) ******************* RULING OF THE COURT In this application the applicant seeks to have the appellant's appeal struck out for being incompetent for the reason that the record of the said appeal does…

…That being the case, the appeal is struck out as incompetent with costs to the respondents. The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O.…

…Accordingly, the appeal is struck out with costs including the costs of the application. Made and delivered at Nairobi this 19th day of May, 1998. A.M. AKIWUMI .................. JUDGE OF APPEAL P.K.…

…The High Court in England (Ratee J) had struck out the petition of North Holding Limited which sought relief under section 461 (2) (d) of the English Act.…

…Against that background the judge came to consider whether the petition should be struck out.…

…Accordingly, the appeal is struck out with costs. Dated and delivered at Nairobi this 15th day of February, 1996. J. E. GICHERU ............................ JUDGE OF APPEAL P. K. TUNOI ...............................…

…That being the case, the appeal is struck out as incompetent with costs to the respondents. The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O.…

…Accordingly no appeal lies and this appeal is struck out with costs to the Respondent. Dated and delivered at Nairobi this 5th day of October, 1995. J. E. GICHERU JUDGE OF APPEAL A. M. AKIWUMI JUDGE OF APPEAL A. A.…

…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…

…that appeal had been lodged, survived as it could not be struck out along with the appeal.…

…The first is that the earlier suit was not dismissed, but struck out. The 2 are different. Dismissal is on the merits, striking out is not.…

…It is struck out, without its merits being considered. 6.…

…The first is that the earlier suit was not dismissed, but struck out. The 2 are different. Dismissal is on the merits, striking out is not.…

…It is struck out, without its merits being considered. 6.…

…Mrs Dias' complaint is that the four Judges struck out two appeals on technicalities.…

…The two appeals which were struck out were incompetent. Their records omitted primary documents which were necessary for the proper determination of the appeal.…

…E1258 of 2021 was struck out with costs awarded to the respondent. It is these findings that have led to the present appeal.…

…out.”…

…out.…

…out.…

…By a Notice of Motion dated 20th December 2019, two interested parties; Grace Wamuyu Mathenge and Geepak Limited applied, inter alia, to be joined to the suit as interested parties and that the suit be struck out on the ground…

…The Appellant opposed the application and by a ruling dated 29th May 2022, the trial magistrate struck out the suit on the ground that it was res judicata. 3.…

…out.…

…out.…

…out with costs. 2.…

…Reliance was placed on the following cases; a) Josephine Wambui Mwangi -vs- Michael Mukundi Ngugi; (2021) eKLR where the court stated; “The net result is that the appeal herein is struck out for having been filed more than…

…out with costs. 2.…

…Reliance was placed on the following cases; a) Josephine Wambui Mwangi -vs- Michael Mukundi Ngugi; (2021) eKLR where the court stated; “The net result is that the appeal herein is struck out for having been filed more than…

…On 28 th February, 2024, there being no appearance the appeal was struck out for failure to file a Record of Appeal with no orders as to costs.…

…There was no appearance hence the appeal was struck out It is urged by the Respondent that indeed the Memorandum of Appeal was never served upon them.…