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…That the petition herein be struck out on the ground that the same was not personally served on the first respondent within 28 days after the date of publication of the result of Parliamentary Election in the Gazette on 3…

…I also note that the Act and the rules do not provide for the consequences arising for the non compliance with the provisions and therefore there is no right to have the petition struck out.…

…He also stated that the petition should be struck out as it had been advertised before a lapse of seven days for service.…

…He argued that in the current case the company having been only given 7 days notice, the petition was incompetent and should be struck out.…

…An appeal from that decision being Civil Appeal No. 287 of 1996 was, on 30 October, 1997 struck out for being incompetent as the certified copy of the order appealed from did not comply with the provisions of Order XX rule…

…The only specific provision under which a suit may be struck out is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1.…

…It can serve no other purpose but should be struck out.…

…The principle does bind this Court here and the result is that this petition is struck out.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…it out. 8.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…it out. 8.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…it out. 8.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…it out. 8.…

…However, since this is a second appeal this court cannot interfere with the sentence passed on the appellant under section 361 of the Criminal Procedure Code and the appeal against sentence is struck out.…

…The appellant's appeal is therefore incompetent and the same is struck out. Dated and delivered at Nairobi this 19th day of December, 1995. J.E. GICHERU …………………….. JUDGE OF APPEAL R.S.C.…

…The applicant filed an appeal against that decision (Civil Appeal No.113/91), That appeal was struck out by the Court on 7th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against…

…For these reasons, the matter is incompetent and is struck out. Order accordingly.…

…Accordingly the petition should be dismissed / struck out on this ground.…

…The petition was however struck out on the basis above stated.…

…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…

…out.…

…It is contended by the petitioner that the application be struck out as a sham and abuses the court process. As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed.…

…We hold that the appeal is incompetent and is struck out. Dated and delivered at Nairobi this 24th day of November , 1988 J.O. NYARANGI ........................................ JUDGE OF APPEAL H.G.…

…raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against conviction was incompetent, invalid and could not lie and must therefore be struck…

…out.…

…that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that the petition be stayed or struck…

…out.…

…In the premises, the application of the applicants is premature and is hereby struck out as it is not ripe for revision.…