Judgment[2008] KECA 75
Case law
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Division and case type: CivilCivil Appeal
…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike…
…In support of the application to strike out the appeal, Miss Tasneem Kasmani – Moolvaj, learned counsel for the applicant, submitted, among other things, that the decision of the High Court is final and no appeal lies from…
Division and case type: Milimani Commercial CourtsCivil Suit
…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…
…For that reason, I decline to strike out the Plaintiff’s/Respondent’s suit subject to the Respondent paying thrown away costs to the Applicant within 14 days from date herein assessed at Kshs.30,000/- Dated at Nairobi this…