“"struck out"” — court decisions

Judgment[1994] KECA 10923 November 1994

G. B. M. Kariuki v Fred Kwasi Apaloo

Court of Appeal at NairobiAluoch,Kenya,Courts,suggested Hon Matiba,judge High Court,JUDGE APPEALCase number Civil Appeal 122 of 1994

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.…

appeal is dismissedDismissed17 min read

Judgment[1997] KECA 1624 February 1997

SOCIETE DE TRANSPORTS INTERNATIONAL AU RWANDA v H. H. ABDI

Court of Appeal at NairobiMbito,JUDGE APPEAL,Khaminwa,RawalCase number Civil Application 298 of 1997

Division and case type: CivilCivil Appeal

…When the appeal came up for hearing on the 13th day of November, 1997, this time with the supplementary record, the court struck the same out as the appeal was not filed in time as extended by Muli J.A; it was not possible…

…Even this application was filed within two days after the appeal was struck out. I see no tardiness on the part of the applicant. Counsel erred genuinely as I have pointed out. The authorities cited by Dr.…

6 min read

Judgment[1988] KECA 10811 April 1988

Madede & another v Fita & 2 others

Court of Appeal at KisumuJUDGE APPEAL,Wasuna,KhaminwaCivil Appeal 4 of 1986

Division and case type: CivilCivil Appeal

…He asked for his name to be struck out from the suit with costs. 8.…

appeal is dismissedDismissed21 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,Daniel K. Gikonyo Nairobi,Richard Wangansizi Baraza,Gikonyo,Michael John Hughes,Muthoga,Adipo,Tanzil,Ameer Ali,TANZIL ur RehmanCivil Appeal 108 of 1995

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…

appeal allowedAllowed67 min read

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Kinyatti v Attorney-General

G. B. M. Kariuki v Fred Kwasi Apaloo

SOCIETE DE TRANSPORTS INTERNATIONAL AU RWANDA v H. H. ABDI

Madede & another v Fita & 2 others

Kaittany & another v Wamaitha