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…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.…

…The court held that such an affidavit is incurable and it should be struck out.…

…Either to strike it out or to save and whether struck out or saved, the authority for striking out or saving it.…

…The superior court (Commissioner Gacheche) struck out the plaint and entered summary judgment against the applicant in the sum of Shs. 11,800,000/-.…

…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…

…Deputy Public Prosecutor, Mr Chunga, has eloquently argued that the contents of the statement and the applicant’s affidavit in support being merely hearsay evidence the application is incompetent and should be refused or struck…

…out because no proven facts have been laid before the Court which establish that the applicant’s prosecution will be an abuse of the process of the Court, vexatious and oppressive to exercise the Court’s discretion thereon…