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….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…

…Defendants Advocates on 14.03.2007. 2) Unknown to the Plaintiffs and while the show cause proceedings were going on before this Court, the Defendants on 03.08.2006 filed a Chamber Summons Application dated 01.08.2006 to strike…

…Kopere contends that as the “show cause” proceedings against the 1st Defendant were going on, the Defendants filed an application on 3rd August, 2006 seeking to strike out the entire suit.…

…Defendants Advocates on 14.03.2007. 2) Unknown to the Plaintiffs and while the show cause proceedings were going on before this Court, the Defendants on 03.08.2006 filed a Chamber Summons Application dated 01.08.2006 to strike…

…Kopere contends that as the “show cause” proceedings against the 1st Defendant were going on, the Defendants filed an application on 3rd August, 2006 seeking to strike out the entire suit.…

…The Respondent Petitioner opposes the application to strike out the Petition. The Kshs 7 million was to be repaid by fourteen semi annual instalments of Kshs 0.5 million payable on 30.6 and 31.12 in each yea.…

…Accordingly I agree with the petitioner that since the alleged dispute is not based on any substantial ground and it is not bona fide, I decline to strike out the petition and the company’s application for that purpose is…

…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…

…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…

…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…

…For that reason, I decline to strike out the Plaintiff’s/Respondent’s suit subject to the Respondent paying thrown away costs to the Applicant within 14 days from date herein assessed at Kshs.30,000/- Dated at Nairobi this…

…This is an application to strike out the defence filed by the defendant in this matter and for judgment to be entered in favour of the plaintiff against the defendant as prayed in the plaint.…

…In this motion the court is asked to strike off the petition for alleged failure of personal service.…

…I find no prejudice is suffered by him to enable the Court to strike off the petition.…

…For the above reasons, I am persuaded that the Plaintiff as appearing in this case is not the proper Plaintiff, and that the application to strike out the case should succeed.…

…For the above reasons, I am persuaded that the Plaintiff as appearing in this case is not the proper Plaintiff, and that the application to strike out the case should succeed.…

…On 15.6.1998 the 2nd Applicant filed this application by way of a Notice of Motion to strike out and dismiss the notice of presentation of the petition and the petition itself upon the following grounds:- (a) The petition…

…In response to the application to strike out the petition, the petitioner's learned counsel, Mr.…

…On the latter date the learned Judge’s record shows that the appellant’s advocate was not present in court as “Advocates are on strike.” The matter was again adjourned to 7th November, 2007 for mention.…

…In view of the above, I find that this petition is a misuse of this courts process and hereby strike it out with costs. Orders accordingly. July 20, 1992 Mbito, J…

…The appellant, as general secretary, signed a letter from the union on September 27 to the Minister for Labour giving him fourteen days notice of a strike of the union members at Miwani Sugar Factory because one thousand…

…The Nyando Constituency Harambee meeting would probably have been graced by His Excellency the Vice-President in December 1982 but the appellant was detained by the CID ostensibly for calling and cancelling a strike at the…

…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…

…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…

…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…

…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…

…This court was not asked to say something about personal service as the basis to strike out the petition but Mr Kilonzo did comment on this in a serious way.…

…They supported the 1st respondent in it, yes, but since they did not file their own application to strike out the petition for non-service it is assumed that they were duly served. Orders accordingly.…

…He is of the view that if the Defendant thinks otherwise he should apply to strike out the plaint.…

…A notice of motion by the 2nd respondent was brought to strike out the petition or have it summarily rejected in that there had been no valid service on him as required by rule 15 of the Election Petition Rules.…

…So it may be noted that much caution is called for when a motion to strike out a petition is filed. A facility for striking out a petition needs be most sparingly used and in the most clear and proper cases.…

…At any rate, having looked at the evidence generally as to what happened, J’s conduct does not strike us as invalidating her claim, nor casting doubt upon her evidence.…