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…and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous and vexatious and or it may prejudice, embarrass or delay the fair disposal…

…videlicet for instance the case of Mohamed Mohamoud Jabane vs Highstone Butty Tongoi Olenja, Civil Appeal No 2 of 1985, on which this court commented on the delay, and which took eight years from the accident to the final disposal…

…Secondly only half of the amount was sliced off and comprised in the consent being challenged the remaining half has been left pending the outcome of the disposal of the application for summary judgment or further negotiations…