Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…The appellant’s ground for asking the High Court to strike out the plaint because it disclosed no cause of action against it (appellant) was that there was no privity of contract between it and the respondent.…
…We accordingly allow this appeal, set aside the orders made by the judge and substitute those orders with one allowing the appellant’s application by way of chamber summons and strike out the plaint as disclosing no reasonable…
Division and case type: CivilCivil Suit
…We have before us a motion of notice filed on June 2 1983 by the advocates for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of the Court of appeal Rules asking this court to strike…
…Rule 80 declares that a person on whom a notice of appeal had been served may at any time, either before or after the institution of the appeal, apply to this court to strike out the notice or the appeal on the grounds that…
Division and case type: CivilCivil Appeal
…...................RESPONDENT (Appeal from the High Court at Nairobi, Sachdeva J) JUDGMENT OF HANCOX JA This appeal arises from a decision of Sachdeva J, on an application by chamber summons dated September 12, 1983, to strike…
…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…
Division and case type: CivilCivil Appeal
…What she did for the reason she gave and with which we have some misgivings was to strike it out for being merely defective.…
Division and case type: CivilCivil Appeal
…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…
Division and case type: CivilCivil Appeal
…applicant is dissatisfied with the previous orders and rulings of the superior court he should appeal against them, not by way of the present application. the failure by the Receiver to file proofs of debt is not sufficient to strike…
Division and case type: CivilCivil Appeal
…The respondent applied to strike out the defence under 0.6 r. 13(1)(a) of the Civil Procedure Rules on the ground that it did not disclose any defence to the claim and this application was granted.…
Division and case type: CivilCivil Suit
…I strike out the suit and award costs thereof to the 1st to 10th defendants. DATED, SIGNED & DELIVERED at Nakuru this 17th day of December, 2004. DANIEL MUSINGA AG. JUDGE 17/12/2004…
Division and case type: CivilCivil Suit
…The plaintiff may now set down his application for an order to strike out the defence for hearing. Dated and Delivered at NAIROBI this 6th Day of September, 1988 G.S. PALL …………. JUDGE…
Division and case type: CivilMiscellaneous Application
…Mr Mwenesi has forcefully argued that the Court cannot dismiss social issues from our legal conscience by adhering to a strict and technical interpretation of statutes and that it must strike down a law which is found inimical…
…I cannot strike down or disregard the express provisions of s 9 of the Act.…
Division and case type: CivilCivil Case
…Consequently, I strike out the name of the second defendant from the consolidated suits with costs to the second defendant. Dated and delivered at Nairobi this 11th day of December 1995 . E. M GITHINJI JUDGE…
Division and case type: CivilMiscellaneous Application
…For want of jurisdiction, I decline to grant leave sought and proceed to strike out the chamber summons dated 20th December, 2025. 7. This le is closed.…
Division and case type: CivilCivil Appeal
…As to the point which was taken that the application to strike out should not have been made informally, there is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case…
Division and case type: CivilCivil Case
…I therefore allow the application dated 30/5/2012 and strike out the application dated 16/5/2012. The proceedings that arose during the year 2012 in which Mr.…
Division and case type: CivilCivil Case
…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…
Division and case type: CivilCivil Appeal
…As to the point which was taken that the application to strike out should not have been made informally, there is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case…
Division and case type: CivilCivil Appeal
…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…
Division and case type: CivilCivil Appeal
…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…
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.…