Case law
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Division and case type: Constitutional and Human RightsElection Petition
…Accordingly the petition should be dismissed / struck out on this ground.…
…The petition was however struck out on the basis above stated.…
Division and case type: Milimani Commercial CourtsCivil Case
…court, the counsel for the plaintiff/applicant said that on the date in question he appears to be untruthful because it was Trainor, J. who ordered the plaintiff/applicant’s application filed in this court on 13.11.84 to be struck…
…out on 8.1.185 for the non called out for a second time at 12.30 p.m.…
Division and case type: CivilCivil Case
…The plaintiff, who is the applicant, moved the court by chamber summons grounded on Order VI Rule 13 of the Civil Procedure Rules, seeking orders that the defence filed herein be struck out, and costs of the application be…
…That if there was a declaration, then the defence filed in this suit would have been credible, but as it is, it has no merit and should be struck out.…
Division and case type: CivilCivil Suit
…proceedings either upon or without the application of either party, (my emphasis) and on such terms as may appear to the court to be just, order that the name of the party improperly joined, whether as a plaintiff or defendant be struck…
…out”.…
Division and case type: CivilCivil Case
…Secondly that if the applicant is asking for the release of his title deed, then this in effect means that the defendant has no defence to the action and applicant should have therefore asked for defence to be struck out…
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: CivilCivil Case
…Chacha does not apply to this case since the 2nd Defendant does not ask that the plaint be struck out. His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
Division and case type: CivilCivil Appeal
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
…out or amend any pleading on the ground that: “(a) it discloses no reasonable cause of action or defence”.…
Division and case type: CriminalCriminal Appeal
…raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against conviction was incompetent, invalid and could not lie and must therefore be struck…
…out.…
Division and case type: CivilCivil Appeal
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
…out or amend any pleading on the ground that: “(a) it discloses no reasonable cause of action or defence”.…
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: CriminalCriminal Case
…In the premises, the application of the applicants is premature and is hereby struck out as it is not ripe for revision.…
Division and case type: CivilCivil Case
…The defence and counter-claim having been found to be mere smokescreen defence and averments, they were struck out as shown and intended merely to postpone the inevitable pay-day, and as being an abuse of the process of the…
Division and case type: CivilCivil Case
…The defence and counter-claim having been found to be mere smokescreen defence and averments, they were struck out as shown and intended merely to postpone the inevitable pay-day, and as being an abuse of the process of the…
Division and case type: CivilCivil Case
…The suit was duly struck out. The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…
Division and case type: Constitutional and Human RightsElection Petition
…Consequently the 2nd respondent prays that the petition be struck out with costs. Both learned counsel have made their able submissions and cited some authorities. 7.…
Division and case type: Constitutional and Human RightsElection Petition
…Consequently the 2nd respondent prays that the petition be struck out with costs. Both learned counsel have made their able submissions and cited some authorities. 7.…
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: Milimani Commercial CourtsElection Petition
…Havi and then on 14/10/2011 the prayer on the register was struck out. Surely the court cannot know what goes on in counsels’ offices and relies only on what happens in court.…