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…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…

…On 19th September, 1997, his notice of appeal was struck out by this Court for the reason of his non-compliance with the order of the single judge of this Court dated 18th October, 1993 extending time by 30 days within which…

…************* RULING OF THE COURT By this application brought under rule 80 of the Rules of this Court, the applicant who is acting in person urges that the Notice of Appeal lodged in this court on 9th October, 1998, be struck…

…out on the ground that the respondent has not filed the appeal within the time prescribed by the Rules.…

…The appeal No. 53/93 filed by the applicant was on 27th July, 1999 struck out for failure to comply with Rule 85(1)(c) in that primary documents by way of pleadings were not included in the record.…

…The appeal is ordered to be struck out as incompetent, with costs to the respondent. Order accordingly. Dated at Nakuru this 5th day of October, 1983. C B MADAN ………………. JUDGE OF APPEAL A A KNELLER ………………..…

…The Respondent, however, filled a Notice of Motion on February 15, 1982, seeking that the defence be struck out as disclosing no reasonable answer to the claim, under order 6 Rule 13 of the Civil Procedure Rules, and summary…

…The judge (Porter J) allowed both applications, struck out the defence and counterclaim, and entered judgement for the Respondent as prayed.…

…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.…

…If he does not succeed, this application would stand spent and liable to be struck out.…

…The plaintiff, who is the applicant, moved the court by chamber summons grounded on Order VI Rule 13 of the Civil Procedure Rules, seeking orders that the defence filed herein be struck out, and costs of the application be…

…That if there was a declaration, then the defence filed in this suit would have been credible, but as it is, it has no merit and should be struck out.…

…The applicants original appeal NO. 80 of 1996 was struck out by this Court on 10th April, 1997 for the reason that the notice of appeal contained therein was unsigned by or on behalf of the applicants as is required by rule…

…The applicant's original appeal had been struck out for being incompetent in that the date shown on the extracted decree as the date of the judgment, differed from that shown in the record of appeal as the date of judgment…

…proceedings either upon or without the application of either party, (my emphasis) and on such terms as may appear to the court to be just, order that the name of the party improperly joined, whether as a plaintiff or defendant be struck…

…out”.…

…Secondly that if the applicant is asking for the release of his title deed, then this in effect means that the defendant has no defence to the action and applicant should have therefore asked for defence to be struck out…

…Thus under Rule 80 of the Court of Appeal Rules the appeal may be struck out. In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first.…

…The latter had ruled on 12th September, 1986 that the defence of the Defendant Corporation, the Kenya Film Corporation Limited, must be struck out as showing no cause of defence and for being vexatious (inter alia), under…

…But on 27th October, 1988 this Court ruled that the Notice of cross-appeal must be struck out because it sought to question the judgment of Mr Justice J.S. Patel after so much time had lapsed.…

…Justice Rauf struck out the plaint in the superior court whilst holding that the plaint did not set out important averments relating to alleged inducing of breach of contract.…

…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…

…Consequently the plaint filed in this court and Chamber Summons dated the 12th May 2003 amounts to abuse of the process of court and are hereby struck out under Order VI Rule 13(1) (d) of the Civil Procedure Rules.…

…Unfortunately, that appeal was struck out by this Court on 15th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against.…

…At best, it was merely meant to gain time for the defendants and I see no reason for failing to order that the said defence be struck out as disclosing no reasonable defence. It is so ordered.…

…This Court having now struck out the defences filed by the defendants (respondents) in P.M. C.C. No 14/91, it follows therefore that the plaintiff’s claim against them stands.…