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…So the prayers which were left were, firstly that the suit be struck out for being an abuse of the process of the court and for want of prosecution. An application under O.…

…An issue was raised by plaintiff to the effect that the application did not particularize which pleadings should be struck out. Considering what I have already stated consideration of this issue is not necessary.…

…out.…

…out.…

…Unless the entire Originating Summons was bad, it should not have been struck out.…

…In failing to do this, that Court was clearly wrong and ought not to have struck out the appellants’ Originating Summons.…

…The suit is therefore liable to be struck out. The only issue in dispute is what order for costs should be made. The Plaintiff says that it is not his fault that the suit has now become spent.…

…This suit be and is hereby struck out. 2. Each party to bear its own costs of the suit. DATED AT NAIROBI THIS 17TH DAY OF DECEMBER, 2007 H. P. G. WAWERU J U D G E DELIVERED THIS 20TH DAY OF DECEMBER, 2007…

…NO. 2118 OF 1994) ********************* R U L I N G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without…

…Kiarie's error in misreading or misconstruing of Rule 81 of the Rules of this Court led to the filing, of the struck out appeal, out of time.…

…out on 20 May, 1999.…

…The Certificate of Delay included in the original appeal which was struck out and the one attached to the present application states in paragraph 6 as follows: "By letter dated 20th May 1998 the Advocates were notified that…

…NO. 97 OF 1988) ********************** RULING The applicant's original appeal to this Court was struck out on 23rd October, 1995 for the reason that its record did not contain a certified copy of the decree appealed against…

…He, however, did not seek extension of time within which to lodge the Notice of Appeal the original of which was struck out with his original appeal to this Court.…

…As the respondent failed to repay the capital and the agreed profits, the applicant filed this suit for accounts and seeks the defence to be struck out and for the judgment to be entered as prayed.…

…Owino for the applicant submits that the defence of denial of the agreement is a mere sham and should be struck out.…

…The applicant's Civil Appeal NO. 291 of 1998 was struck out by this Court for being incompetent on 7th February, 2000. On 14th of the same month, this application was made.…

…This was 7 days after the applicant's appeal was struck out. Clearly there was no inordinate delay on the part of the applicant in making its present application.…

…In the meantime, the 1st defendant has brought the present application dated 30th January, 2009 for orders that the originating summons be struck out for the reasons that: i) the claim is statute barred; ii) the agreement…

…I reiterate that the instant application seeks that the originating summons be struck out.…

…The application canvassed before the learned single judge had been necessitated by the fact that the applicant’s appeal had been struck out by this Court on 21st February, 2001 on the ground that it was lodged one day out…

…Nakuru Civil Appeal No 156 of 1999 was struck out on 21st February, 2001 for being out of time. The applicant lodged this application a week later on 28th February, 2001.…

…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…

…Since then no step was taken to have the same struck out under rule 80 of the Rules of this Court.…

…seriously of the view that the applicant's projected appeal was frivolous, the first thing she should have done is to seize the opportunity of the delay in the service of the Notice of Appeal and apply to this Court to have it struck…

…This was withdrawn and another filed on 2nd December, 2008 that was duly struck out. 4.…

…The advocate filed an application of 3rd November, 2007 and 2nd December, 2008 which was then withdrawn and or struck out due to the issue of representation. 8.…

…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…

…1996) CONSOLIDATED WITH CIVIL APPEAL NO. 90 OF 1996) ***************** ORDER OF THE COURT As the record of appeal does not contain certified copies of the decrees appealed against, this appeal is incompetent and is hereby struck…

…out with no order as to costs.…

…It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M. AKIWUMI ……………………… JUDGE OF APPEAL A.A. LAKHA ……………………… JUDGE OF APPEAL S.E.O. BOSIRE ………………………….…

…The appellant filed a defence but the respondent immediately moved the High Court under order 6 rule 13 of the Civil Procedure (Revised) Rules for that defence to be struck out on the grounds that it disclosed no reasonable…

…The High Court (Wambilyangah, J) obliged the respondent and struck out the defence.…

…That being so, the notice of appeal and the appeal abovementioned are struck out with costs of the appeal and this application. Made at Nairobi this 29th day of July, 1999. J.E. GICHERU ..................…