Case law
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Division and case type: CivilCivil Case
…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…
Division and case type: CivilCivil Appeal
…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…
Division and case type: CivilCivil Case
…For the reasons stated, the application to strike out fails and is dismissed with costs. Dated, Signed and Delivered at Nakuru this 16th day of December, 2011. W. OUKO JUDGE12…
Division and case type: CivilCivil Suit
…Moreover on the merits, the grounds relied upon for seeking to strike out the suit are not referable to the date of the suit but on certain alleged defaults to comply with terms of a certain order made herein by consent.…
Division and case type: CivilCivil Appli
…Gikandisays I should strike it out, but, it would appear now that therigidity of those pronouncements in the quoted cases here havebeen ameliorated by the Court of Appeal in recent decision inthe East African Packaging Industries…
…I would decline to strike theparagraphs leave alone the whole affidavit off as Mr. Gikandi has urged. The last and , more important issue is whether theapplicant has made a case for stay.…
Division and case type: CivilCivil Case
…I award costs to the respondent and dismiss this application and strike out the suit. Dated and delivered at Nairobi this 9th day September, 2003 M. A. ANG’AWA …………. JUDGE…
Division and case type: CivilCivil Suit
…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…
Division and case type: CivilCivil Appeal
…If the defence was a sham as Mr Kapila now contends, he had the clear option of moving to strike it out or applying for summary judgment none of which he did. A defence which fails is not necessarily frivolous or bogus.…
Division and case type: CivilCivil Appeal
…On the other hand the opinions quoted in Waweru strike an odd note.…
…Had he one, he would not have sought to set the judgment aside, on what strikes me as a bare technicality.…
Division and case type: CivilCivil Case
…particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation, and the policy of the Courts, being to strike…
Division and case type: CivilCivil Suit
…The effect of that sub-rule clearly gives to the court the power to strike out any party improperly joined. Mr Hyanga maintained that what was before the court was an amended plaint and order VIA (1) applied.…
Division and case type: CivilCivil Case
…To strike out the defence would I think be wrong having regard to the matters of law pleaded therein which raises triable issues. These questions however have now been fully argued.…
…Although it would be illogical to give judgment on admissions contained in the defence and at the same time strike out that defence it does appear to me that the defence at least in part tended to prejudice, embarrass and…
Division and case type: CivilORIGINATING SUMMONS
…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…
Division and case type: CivilCivil Case
…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…
Division and case type: CivilCivil Case
…The growing practice of advocates swearing affidavits on behalf of their clients must cease forthwith and in an appropriate case this Court will not hesitate to strike out such affidavits, particularly if an objection is…
Division and case type: CivilCivil Case
…The 1st defendant did not strike me as a honest and candid person. Most of the time he was deliberately evasive in his answers. He claimed to have purchased the suit premises from his own resources.…
Division and case type: CivilCivil Appeal
…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…
Division and case type: CivilCivil Appeal
…The second respondent, led a notice of motion seeking to strike out the petition on the similar ground that it had not been signed by the petitioner in accordance with the provisions of rule 4 of the National Assembly Elections…
…The respondent (petitioner) sought to strike out the notice of appeal in his Civil Application No Nai 241 of 1993.…
Division and case type: CivilCivil Suit
…You strike it out by way of rectification, and the court has therefore declared that it ought never to have been entered at all. They had struck it out from the very beginning.”…
Division and case type: CivilCivil Appeal
…That does not strike me as unreasonable. But such a course was disapproved by high judicial authority. In Lim v Camden Health Authority [1980] AC 174 to which Mr..…