“"struck out"” — court decisions

Judgment[1985] KECA 64 June 1985

Esso Standard Kenya Ltd v OnesmusKihara Mwangi

Court of Appeal at NairobiNyarangiCase number Civil Application 29 of 1984

Division and case type: CivilCivil Suit

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

…of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is hereby struck…

appeal struck outDismissed4 min read

Judgment[1994] KECA 6415 September 1994

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCivil Appeal No. 79 of 1985

Division and case type: CivilCivil Appeal

…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…

…that appeal had been lodged, survived as it could not be struck out along with the appeal.…

5 min read

Judgment[1997] KECA 53 June 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEALCase number Civil Application 372 of 1996

Division and case type: CivilCase number Civil Application

…He then struck out the application with costs for the respondent. But what was the decision of Omolo, JA which was upheld by the full court?…

…It was that the application then before him for extension of time to file the appeal, be struck out on the ground that the application was incompetent as it did not fulfil a precondition previously ordered by the court for…

3 min read

Judgment[1985] KECA 1414 June 1985

Esso Standard Kenya Ltd v Onesmus Kihara Mwangi

Court of Appeal at NairobiNyarangiCase number Civil Miscellaneous Application 29 of 1984

Division and case type: CivilMiscellaneous Application

…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…

4 min read

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[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