“"strike"” — court decisions

Judgment[1996] KEHC 1324 March 1996

In Re Mbwanji Ltd [1996] KEHC 13 (KLR)

High Court at Nairobithat suit the company had paid KshsCase number Winding Up Cause 18 of 1995

Division and case type: Constitutional and Human RightsPetition

…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…

4 min read

Judgment[1996] KEHC 1224 November 1996

In Re Plastic Products (K) Ltd [1996] KEHC 12 (KLR)

High Court at NairobiCase number Winding Up Cause 12 of 1986

Division and case type: Constitutional and Human RightsPetition

…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…

5 min read

Judgment[1992] KEHC 1419 July 1992

In Re M Weiss Ltd [1992] KEHC 14 (KLR)

High Court at NairobiCase number Winding Up Cause 30 of 1989

Division and case type: Constitutional and Human RightsPetition

…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…

4 min read

Judgment[2003] KEHC 99310 July 2003

Andrew Mbithin Muiya v Joseph Nyaga & 2 others

High Court at NairobiserviceCase number Election Petition 7 of 2003

Division and case type: Constitutional and Human RightsElection Petition

…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.…

Appeal dismissedDismissed14 min read

Judgment[1993] KEHC 16328 April 1993

Emmanuel Karisa Maitha v John D Yaa & another

High Court at NairobiCase number Election Petition 1 of 1993

Division and case type: Constitutional and Human RightsElection Petition

…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.…

petition is dismissedDismissed28 min read

Judgment[2012] KEHC 4926 December 2012

AGNES NEMAKONDE GALAWU v MINISTER OF STATE FOR IMMIGRATION AND REGISTRATION OF PERSONS & ANOTHER

High Court at NairobiNemakonde,Kamande,ItCase number Petition 188 of 2012

Division and case type: Constitutional and Human RightsPetition

…It also complained that the petitioner had gone on hunger strike and created disturbance and discomfort of fellow residents at the centre and refused to co-operate with administration.…

17 min read