Case law
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Division and case type: Milimani Commercial CourtsCivil Suit
…The Plaintiff being dissatisfied with the particulars filed an application seeking to have the Defendant’s pleadings struck out. The Defendant’s Advocate did not appear for the hearing of the application.…
…bound by the conduct of his legal representatives; and that, accordingly, since the conduct of the defendant’s representatives could not excuse the failure to comply with the unless order the pleading had property been struck…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsElection Petition
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: GeneralUnclassified
…************* RULING OF THE COURT By this application brought under rule 80 of the Rules of this Court, the applicant who is acting in person urges that the Notice of Appeal lodged in this court on 9th October, 1998, be struck…
…out on the ground that the respondent has not filed the appeal within the time prescribed by the Rules.…
Division and case type: GeneralUnclassified
…an application under rule 4 of the Rules of this Court seeking an extension of time for the filing of the record of appeal from the ruling of the superior court given on 9 March, 1998 whereby the applicant's defence was struck…
…out.…
Division and case type: GeneralUnclassified
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAKURU CRIMINAL APPLICATION NO. 121 OF 2004 (From original conviction and sentence in Criminal Case No.
Division and case type: GeneralUnclassified
…The applicant filed a sham defence which was struck out and judgment entered in favour of the respondent.…
Division and case type: Milimani Commercial CourtsCivil Case
…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.…
Division and case type: GeneralUnclassified
…The applicant filed a sham defence which was struck out and judgment entered in favour of the respondent.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
Division and case type: Milimani Commercial CourtsElection Petition
…Havi and then on 14/10/2011 the prayer on the register was struck out. Surely the court cannot know what goes on in counsels’ offices and relies only on what happens in court.…
Division and case type: Milimani Commercial CourtsCriminal Case
…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…