Search court decisions

…The original application concerned the intended appeal against JS Patel J’s order dated September 12, 1986, in which he struck out the defendant company’s defence and entered judgment for the plaintiff Charles Kabanga Muthike…

…The company, whose defence had been struck out, could appeal against the interlocutory decision of Patel J.…

…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.…

…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…

…NO. 5 OF 1994) *********************** RULING OF THE COURT By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being…

…In the result we order that this appeal be and is hereby struck out with costs to the respondent. Dated and delivered at Nairobi this 9th day of December 1996 J. E. GICHERU ……………………. JUDGE OF APPEAL P. K.…

…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 ...............…

…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.…

…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.…

…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.…

…Both the applications before me concern refiling or readmission of the said struck out appeals.…

…out.…

…out.…

…out.…

…NO. 2118 OF 1994) ********************* R U L I N G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without…

…Kiarie's error in misreading or misconstruing of Rule 81 of the Rules of this Court led to the filing, of the struck out appeal, out of time.…

…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.…

…NO. 5 OF 1994) *********************** RULING OF THE COURT By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being…

…In the result we order that this appeal be and is hereby struck out with costs to the respondent. Dated and delivered at Nairobi this 9th day of December 1996 J. E. GICHERU ……………………. JUDGE OF APPEAL P. K.…

…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.…

…out.…

…out.…