“"striking out"” — court decisions

Judgment[1995] KEHC 7229 October 1995

L Vadgama v Arya Samaj

Judgment[1995] KECA 10621 May 1995

LAWRENCE ITUBE NGANGA & ANOTHER v GABRIEL MWAURA NGANGA

Court of Appeal at NairobiJUDGE APPEAL,Justice,Rumba Kinuthia

Division and case type: FamilySuccession Cause

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

1 min read

Judgment[1995] KECA 6325 July 1995

Bamburi Portland Cement Company Limited v Imranali Chandbhai Abdulhussein

Court of Appeal at MombasaJUDGE APPEAL,Khaminwa,KhannaCase number Civil Appeal 83 of 1995

Division and case type: CivilCivil Appeal

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

2 min read

Judgment[1995] KECA 1294 June 1995

Kenya Co-Operative Creameries Ltd v Davies E. Mwai

Court of Appeal at NairobiJUDGE APPEAL,MwenesiCase number Civil Appeal 84 of 1994

Division and case type: CivilCivil Appeal

…Mwenesi, for the appellant, argued before us that the learned judge (Githinji J.) erred in striking out the defence and he propounded his argument on the basis that Order Vi rule 13(1) (a) of the Civil Procedure Rules does…

appeal is dismissedDismissed3 min read

Judgment[1995] KECA 3119 September 1995

Joseph ochieng & 2 others Trading as Aquiline Agencies v First National Bank of Chicago

Court of Appeal at NairobiRauf,JUDGE APPEAL,Justice,Lakha,Dhanji,RegeruCase number Civil Appeal 149 of 1991

Division and case type: CivilCivil Appeal

…The learned judge having dismissed the application for amendment the striking out of plaint became a "fait accompli" in view of orders made by him on 7th November, 1990.…

…The plaintiffs appealed against that striking out order. This court on 8th June, 1990 recalled the plaint and ordered amendments. The amended plaint was filed on or about 20th June, 1990.…

16 min read