“"striking out"” — court decisions

Judgment[1999] KECA 1216 December 1999

JOEL MUTHUI KYAMBU v UNITED FINANCE LIMITED

Judgment[1999] KECA 306 December 1999

JOEL MUTHUI KYAMBU v UNITED FINANCE LIMITED

Court of Appeal at NairobiJUDGE APPEAL,GaturuCase number Civil Miscellaneous Application 260 of 1999

Division and case type: CivilMiscellaneous Application

…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…

appeal grantedAllowed2 min read

Judgment[1999] KEHC 307 February 1999

In Re Autorec Spares Ltd [1999] KEHC 30 (KLR)

High Court at NairobiCase number Winding Up Cause 40 of 1998

Division and case type: Constitutional and Human RightsPetition

…It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…

application failsDismissed3 min read

Judgment[1999] KECA 1466 September 1999

INDUSTRIAL & COMMERCIAL DEVELOPMENT CORPORATION v DABER ENTERPRISES LIMITED

Court of Appeal at NairobiJUDGE APPEAL,Mbai,Mbai Deputy,KamaaraCase 2 of 2013

Division and case type: Environment and LandLand Case

…specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and costs, and upon receipt of defence filed by the applicant, applied for summary judgment and striking…

…out of the defence.…

6 min read

Judgment[1999] KECA 1365 April 1999

GALAXY PAINTS COMPANY LIMITED v FALCON GUARDS LIMITED

Court of Appeal at NairobiKwach Mr Justice,JUDGE APPEAL,DiasCase number Civil Appeal 219 of 1998

Division and case type: CivilCivil Appeal

…and there is no further Appeal and the said 2 Honourable Judges having been part of a Bench, which previously exercised its discretion against the Appellant on two previous occasions could be influenced by their previous "striking…

…out" orders.…

12 min read