“"strike"” — court decisions

Judgment[1988] KECA 13527 January 1988

Lydia Wanjiru Mwangi v Rajnikant Joshi

Judgment[1988] KEHC 5130 May 1988

Bernard Wamarema Kairu v Lion of Kenya Insurance Co. Ltd

High Court at NairobiKiania Njau,McVicker,McVicker LionCase number Civil Case 3288 of 1987

Division and case type: CivilCivil Case

…In their submissions both advocates referred to the provision of section 10 sub-section 4 of the Act (cap 405) in asking the court to strike out or not to strike out the defence, though the application is of course grounded…

…From all the reasons I have considered, I am in agreement with Kiania Njau, for the applicant that the defence herein “discloses no defence”, and I hereby proceed to strike it out, and award the costs of the application and…

8 min read

Judgment[1988] KEHC 485 September 1988

B M Mwanza v Johnstone Makau

High Court at NairobiCase number Civil Suit 665 of 1988

Division and case type: CivilCivil Suit

…The plaintiff may now set down his application for an order to strike out the defence for hearing. Dated and Delivered at NAIROBI this 6th Day of September, 1988 G.S. PALL …………. JUDGE…

2 min read

Judgment[1988] KECA 13112 July 1988

Chege v Suleiman

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 12 of 1987

Division and case type: CivilCivil Appeal

…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…

4 min read

Judgment[1988] KECA 13612 July 1988

Kinyatti v Attorney-General

Court of Appeal at NairobiJUDGE APPEAL,Khaminwa,Ole KeiwuaCase number Civil Appeal 10 of 1988

Division and case type: CivilCivil Appeal

appeal is dismissedDismissed4 min read

Judgment[1988] KECA 826 November 1988

New Tyres Enterprises Ltd v Kenya Alliance Insurance Company Ltd

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 57 of 1985

Division and case type: CivilCivil Appeal

…If the defence was a sham as Mr Kapila now contends, he had the clear option of moving to strike it out or applying for summary judgment none of which he did. A defence which fails is not necessarily frivolous or bogus.…

appeal failsDismissed7 min read

Judgment[1988] KECA 9425 July 1988

Karaton Ole Lesarau v Republic

Court of Appeal at MombasaJUDGE APPEALCase number Criminal Appeal 78 of 1988

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…

10 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

…That does not strike me as unreasonable. But such a course was disapproved by high judicial authority. In Lim v Camden Health Authority [1980] AC 174 to which Mr..…

30 min read