Case law
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Division and case type: CivilCivil Appeal
…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…
…that appeal had been lodged, survived as it could not be struck out along with the appeal.…
Division and case type: CivilCivil Appeal
…Unless the entire Originating Summons was bad, it should not have been struck out.…
…In failing to do this, that Court was clearly wrong and ought not to have struck out the appellants’ Originating Summons.…
Division and case type: CivilCivil Appeal
…On the 27th February, 1990, the appellant filed a chamber summons under order VI rule 13(1)(a) of the Civil Procedure Rules praying for an order that: “The respondent/plaintiff’s suit be struck out as it discloses no reasonable…
…In those circumstances, the judge ought to have allowed the appellant’s chamber summons and struck out the plaint as disclosing no cause of action.…
Division and case type: CivilCivil Appeal
…If the words complained of were not referable to the plaintiff whose name was not in the letter, then the plaint disclosed no cause of action and was bound to be struck out.…
…This immunity rendered the appellant’s suit to be struck out and dismissed by the superior court.…
Division and case type: CivilCivil Suit
…The plaintiff/applicant has filed chamber summons under order VI rule 13(b) and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous…
Division and case type: CivilCivil Appeal
…With regard to service on Mr Malakwen, in our view, this application is incompetent and must be struck out on the ground that at the time when the application was filed Mr Malakwen had not been served with the order which…
Division and case type: CivilCivil Appeal
…If she had thought that the matter was not properly before the Court, she would, no doubt, have struck out the application for injunction, for an injunction can only issue on a matter properly before a Court.…