Case law
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Division and case type: CivilCivil Appeal
…The application canvassed before the learned single judge had been necessitated by the fact that the applicant’s appeal had been struck out by this Court on 21st February, 2001 on the ground that it was lodged one day out…
…Nakuru Civil Appeal No 156 of 1999 was struck out on 21st February, 2001 for being out of time. The applicant lodged this application a week later on 28th February, 2001.…
Division and case type: CivilCivil Appeal
…The appellant filed a defence but the respondent immediately moved the High Court under order 6 rule 13 of the Civil Procedure (Revised) Rules for that defence to be struck out on the grounds that it disclosed no reasonable…
…The High Court (Wambilyangah, J) obliged the respondent and struck out the defence.…
Division and case type: CivilCivil Appeal
…The appeal is ordered to be struck out as incompetent, with costs to the respondent. Order accordingly. Dated at Nakuru this 5th day of October, 1983. C B MADAN ………………. JUDGE OF APPEAL A A KNELLER ………………..…
Division and case type: CivilCivil Appeal
…On the 27th February, 1990, the appellant filed a chamber summons under order VI rule 13(1)(a) of the Civil Procedure Rules praying for an order that: “The respondent/plaintiff’s suit be struck out as it discloses no reasonable…
…In those circumstances, the judge ought to have allowed the appellant’s chamber summons and struck out the plaint as disclosing no cause of action.…
Division and case type: CivilCase number Civil Application
…Thus under Rule 80 of the Court of Appeal Rules the appeal may be struck out. In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first.…
Division and case type: CivilCivil Appeal
…the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck…
…out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate…
Division and case type: CivilCivil Appeal
…The defendants applied for the writ to be struck out and the ship released from arrest, on the ground that the plaintis’ claim did not lie within the jurisdiction of the Admiralty Court.…