Case law
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Division and case type: CivilORIGINATING SUMMONS
…It is struck out with no orders as to costs. Orders accordingly. Dated and delivered at Nakuru this 28th day of August 1995 D.M RIMITA JUDGE…
Division and case type: CivilCivil Appeal
…At the commencement of the trial on 12th August, 1992, counsel for the appellant raised a preliminary objection and asked for the suit to be struck out on the ground that it had been prematurely brought without the dispute…
Division and case type: CivilCivil Case
…It is struck out with no orders as to costs. Orders accordingly. Dated and delivered at Nakuru this 28th day of August 1995 D.M RIMITA JUDGE…
Division and case type: CivilCivil Appeal
…Yogesh Somaia’s affidavit in support of the respondent’s application for summary judgment offended against rules 3(1) and 6 of order XVIII and should have been struck out but the appellant’s advocate took this point too late…
…He further stated that the plaint did not disclose any cause of action, although he does not appear to have applied for the same to be struck out under order VI rule 13 of the Civil Procedure Rules.…
Division and case type: CivilCivil Appeal
…With regard to service on Mr Malakwen, in our view, this application is incompetent and must be struck out on the ground that at the time when the application was filed Mr Malakwen had not been served with the order which…
Division and case type: CivilCivil Appeal
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
Division and case type: CivilCivil Case
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
Division and case type: CivilCivil Appeal
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
Division and case type: CivilCivil Appeal
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
Division and case type: CivilCivil Appeal
…He asked for his name to be struck out from the suit with costs. 8.…
Division and case type: CivilCivil Appeal
…The raising of the preliminary issue that would cause the suit for the plaintiff to be struck out is not encouraged by the limitation of Actions Act particularly where leave to file an action against the defendant has been…
Division and case type: CivilCivil Appeal
…But in fact he held that the plaint disclosed no cause of action, and he ordered it to be struck out. Hence, although he held that fraud might give the Plaintiff Company a cause of action, he did not act upon it.…
Division and case type: Anti-CorruptionMiscellaneous Criminal Application
…Deputy Public Prosecutor, Mr Chunga, has eloquently argued that the contents of the statement and the applicant’s affidavit in support being merely hearsay evidence the application is incompetent and should be refused or struck…
…out because no proven facts have been laid before the Court which establish that the applicant’s prosecution will be an abuse of the process of the Court, vexatious and oppressive to exercise the Court’s discretion thereon…
Division and case type: CivilCivil Suit
…Trigeli Ltd (trading as Southern Window and General Clearing Co and Another 3 AER 671 where the District Registrar made a consent order that the defence of both defendants should be struck out unless the interrogations were…
Division and case type: CivilCivil Appeal
…7 Are these proceedings an abuse of the court process and should they be struck out and (sic) on this ground alone. 8 Is the 1st interested party (Kenya Sugar Board) entitled to regulate the quota in law?…
Division and case type: CivilCivil Appeal
…If she had thought that the matter was not properly before the Court, she would, no doubt, have struck out the application for injunction, for an injunction can only issue on a matter properly before a Court.…
Division and case type: CivilCivil Appeal
…In her statement of defence, the respondent averred inter alia that at the hearing of the suit against her she would seek to have some averments in the appellants’ amended plaint struck out as they related to matters of probate…
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.…