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…He also stated that the petition should be struck out as it had been advertised before a lapse of seven days for service.…

…He argued that in the current case the company having been only given 7 days notice, the petition was incompetent and should be struck out.…

…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…

…The application is pre mature misconceived and devoid of any merit and should accordingly be struck out. 2. The purported affidavit sworn and filed by George Kaptenis defective and should accordingly be struck out. 3.…

…out.…

…That the petition herein be struck out on the ground that the same was not personally served on the first respondent within 28 days after the date of publication of the result of Parliamentary Election in the Gazette on 3…

…I also note that the Act and the rules do not provide for the consequences arising for the non compliance with the provisions and therefore there is no right to have the petition struck out.…

…would not suffer any prejudice if the suit proceeds. 5) It is in the interests of fairness and Justice that this application be dismissed and that the Defendnats be at liberty to prosecute their application to have the suit struck…

…out. 6) The Applicants do not have an arguable appeal.…

…would not suffer any prejudice if the suit proceeds. 5) It is in the interests of fairness and Justice that this application be dismissed and that the Defendnats be at liberty to prosecute their application to have the suit struck…

…out. 6) The Applicants do not have an arguable appeal.…

…The order sought on behalf of the 2nd respondent reads as follows: “THAT the petition be struck out or dismissed for the petitioner having failed to effect any or any valid service of the notice of the presentation of the…

…The High Court has held in the past that a party may be struck out from the petition and the petitioner may proceed against the remaining parties. - see Election petition No.1 of 1994 Maj.…

…It can serve no other purpose but should be struck out.…

…The principle does bind this Court here and the result is that this petition is struck out.…

…That the plaint herein dated 20th June, 2007 and filed in court on the same day be struck out. 2. That the cost of this application and of the suit be borne by the Plaintiff.…

…The plaint dated 20th June, 2007, and filed in court on the same day is accordingly hereby struck out as prayed, with costs of the application and of the suit to be paid by the Plaintiff. Orders accordingly.…

…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.…

…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.…

…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.…

…Following an application by the plaintiff the defendants defence was struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court…

…However, on its defence being struck out, the plaintiff’s case stood unchallenged and the defendant must be deemed to have acted unlawfully in canceling the allocation and purporting to repossess the plot.…

…That the plaint herein dated 20th June, 2007 and filed in court on the same day be struck out. 2. That the cost of this application and of the suit be borne by the Plaintiff.…

…The plaint dated 20th June, 2007, and filed in court on the same day is accordingly hereby struck out as prayed, with costs of the application and of the suit to be paid by the Plaintiff. Orders accordingly.…

…court, the counsel for the plaintiff/applicant said that on the date in question he appears to be untruthful because it was Trainor, J. who ordered the plaintiff/applicant’s application filed in this court on 13.11.84 to be struck…

…out on 8.1.185 for the non called out for a second time at 12.30 p.m.…

…Accordingly the petition should be dismissed / struck out on this ground.…

…The petition was however struck out on the basis above stated.…

…It is contended by the petitioner that the application be struck out as a sham and abuses the court process. As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed.…

…The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…

…that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that the petition be stayed or struck…

…out.…