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…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…

…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…

…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.…

…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.…

…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.…