Case law
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Division and case type: Milimani Commercial CourtsCivil Case
….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Suit
…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…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…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…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: CriminalCriminal Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…He is of the view that if the Defendant thinks otherwise he should apply to strike out the plaint.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: CriminalCriminal Appeal
…this part of the case it is evident that the complainant’s failure to identify the appellant by name was omitted from consideration all together and was not weighted on the scales presumably because this omission did not strike…
Division and case type: Milimani Commercial CourtsElection Petition
…It behoves both the Bar and the Bench to strike a working formula based on professionalism, etiquette and simple good manners. Happily this court refuses to be vindictive in due obedience to its oath of office.…