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…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…It was contended therefore that this appeal is incompetent and should be struck out.…

…The 2nd defendant on the other hand has filed an application under order VI rule 13 of the Civil Procedure Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against…

…That suit was struck out and dismissed with costs on 10th June, 1987.…

…The plaintiff, who is the applicant, moved the court by chamber summons grounded on Order VI Rule 13 of the Civil Procedure Rules, seeking orders that the defence filed herein be struck out, and costs of the application be…

…That if there was a declaration, then the defence filed in this suit would have been credible, but as it is, it has no merit and should be struck out.…

…Thus under Rule 80 of the Court of Appeal Rules the appeal may be struck out. In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first.…

…We hold that the appeal is incompetent and is struck out. Dated and delivered at Nairobi this 24th day of November , 1988 J.O. NYARANGI ........................................ JUDGE OF APPEAL H.G.…

…In one party to a litigation does not take steps to prosecute its case, it is open to the other party to take steps to have those proceedings struck out.…

…2 and all other enabling provisions of the Civil Procedure Rules and Sections 4, 27, 28, 29 and 30 of the Limitation of Actions Act (cap 22) that the plaintiff’s (respondent) suit against the Defendants (Appellants) be struck…

…out.…

…He asked for his name to be struck out from the suit with costs. 8.…