Case law
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Division and case type: CivilCivil Case
….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: CivilCivil Appeal
…She had also applied in CMCC Number 817 of 2006 to strike out the plaint in that suit for being an abuse of the process of court as the Appellant had after filing that suit, as it were, ignored it and repossessed the vehicle…
…The Appellant’s plaint in CMCC Number 817 of 2006 was strike out and he was ordered to return the vehicle to the Respondent. This appeal is against the ruling allowing those applications.…
Division and case type: CivilCivil Case
…In their submissions both advocates referred to the provision of section 10 sub-section 4 of the Act (cap 405) in asking the court to strike out or not to strike out the defence, though the application is of course grounded…
…From all the reasons I have considered, I am in agreement with Kiania Njau, for the applicant that the defence herein “discloses no defence”, and I hereby proceed to strike it out, and award the costs of the application and…
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 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 Case
…For the reasons stated, the application to strike out fails and is dismissed with costs. Dated, Signed and Delivered at Nakuru this 16th day of December, 2011. W. OUKO JUDGE12…
Division and case type: CivilCivil Suit
…Moreover on the merits, the grounds relied upon for seeking to strike out the suit are not referable to the date of the suit but on certain alleged defaults to comply with terms of a certain order made herein by consent.…
Division and case type: CivilCivil Appli
…Gikandisays I should strike it out, but, it would appear now that therigidity of those pronouncements in the quoted cases here havebeen ameliorated by the Court of Appeal in recent decision inthe East African Packaging Industries…
…I would decline to strike theparagraphs leave alone the whole affidavit off as Mr. Gikandi has urged. The last and , more important issue is whether theapplicant has made a case for stay.…
Division and case type: CivilCivil Case
…I award costs to the respondent and dismiss this application and strike out the suit. Dated and delivered at Nairobi this 9th day September, 2003 M. A. ANG’AWA …………. JUDGE…
Division and case type: CivilCivil Suit
…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…
Division and case type: CivilCivil Suit
…The effect of that sub-rule clearly gives to the court the power to strike out any party improperly joined. Mr Hyanga maintained that what was before the court was an amended plaint and order VIA (1) applied.…
Division and case type: CivilCivil Case
…To strike out the defence would I think be wrong having regard to the matters of law pleaded therein which raises triable issues. These questions however have now been fully argued.…
…Although it would be illogical to give judgment on admissions contained in the defence and at the same time strike out that defence it does appear to me that the defence at least in part tended to prejudice, embarrass and…
Division and case type: CivilCivil Case
…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…