Case law
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Division and case type: CivilCivil Appeal
…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…
…It was contended therefore that this appeal is incompetent and should be struck out.…
Division and case type: CivilCivil Appeal
…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…
…It was contended therefore that this appeal is incompetent and should be struck out.…
Division and case type: CivilCase number Civil Application
…In the circumstances the notice of appeal filed by the respondent on 24th September, 1996 is struck out. The applicant will have costs of this application. Dated and delivered at Nairobi this 6th day of October, 1997.…
Division and case type: GeneralUnclassified
…************* 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
…************* 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: GeneralUnclassified
…an application under rule 4 of the Rules of this Court seeking an extension of time for the filing of the record of appeal from the ruling of the superior court given on 9 March, 1998 whereby the applicant's defence was struck…
…out.…
Division and case type: CivilCivil Appeal
…The appeal No. 53/93 filed by the applicant was on 27th July, 1999 struck out for failure to comply with Rule 85(1)(c) in that primary documents by way of pleadings were not included in the record.…
Division and case type: CivilCivil Appeal
…NO. 3065 OF 1996) **************** JUDGMENT OF THE COURT This is an appeal from the order of the superior court (Kuloba, J.) given on February 6, 1997 whereby he struck out the five defendants from the suit on the ground…
Division and case type: CivilCivil Appeal
…The application is granted and the appeal is struck out as incompetent with costs to the respondent. The respondent will also have the costs of the motion. Dated and delivered at Nairobi this 17th day of February, 1997.…
Division and case type: FamilySuccession Cause
…In the circumstance we allow the application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to…
Division and case type: CivilCivil Appeal
…is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant (Civil Appeal No. 91 of 1993), having been struck…
…out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules.…
Division and case type: CriminalCriminal Appeal
…The applicant filed an appeal against that decision (Civil Appeal No.113/91), That appeal was struck out by the Court on 7th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against…
Division and case type: GeneralUnclassified
…The applicant filed a sham defence which was struck out and judgment entered in favour of the respondent.…
Division and case type: CivilCivil Appeal
…In the result the application succeeds and the appeal is hereby struck out as it is clearly incompetent. The respondents will have the costs of both the appeal and the motion.…
Division and case type: CivilCivil Appeal
…Justice Shields) dated 17th day of July, 1996 in H.C.C.C NO. 2523 & 533 OF 1982) ********************* RULING OF THE COURT The present application seeks several orders namely that the appeal filed by the respondent be struck…
…out, that contain proceedings and orders of the superior court to set aside, that a Receiver appointed in respect of the applicant company do file proofs of debt and stay of proceedings.…
Division and case type: CriminalCriminal Appeal
…For these reasons, the matter is incompetent and is struck out. Order accordingly.…
Division and case type: CivilCase number Civil 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
…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: CivilCivil Appeal
…If the words complained of were not referable to the plaintiff whose name was not in the letter, then the plaint disclosed no cause of action and was bound to be struck out.…
…This immunity rendered the appellant’s suit to be struck out and dismissed by the superior court.…
Division and case type: GeneralUnclassified
…The applicant filed a sham defence which was struck out and judgment entered in favour of the respondent.…