“"strike"” — court decisions

Judgment[1986] KECA 8310 August 1986

Jitendra Brahmbhatt v Dynamics Engineering Ltd

Court of Appeal at Nairobijudge High Court,JUDGE APPEALCase number Civil Appeal 92 of 1983

Division and case type: CivilCivil Appeal

…...................RESPONDENT (Appeal from the High Court at Nairobi, Sachdeva J) JUDGMENT OF HANCOX JA This appeal arises from a decision of Sachdeva J, on an application by chamber summons dated September 12, 1983, to strike…

…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…

petition is set asideDismissed42 min read

Judgment[1992] KEHC 10630 March 1992

Kinji Ltd & Another v Kogo & Another

High Court at Mombasame on costs,GikandiCase number Civil Case 938 of 1991

Division and case type: CivilCivil Case

…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…

4 min read

Judgment[1998] KEHC 431 October 1998

In Re Law Society of Kenya [1998] KEHC 43 (KLR)

High Court at MombasaOnyango Chief Litigation Counsel,Gikandi,Gikandi together Mr,Gikandiand Mr,Lumatete Learned Counsel,Hallet,Lumatete,Onyango,Campbell,Gikandisays,Onyango learned Chief Litigation,Onyango theLearned Chief LitigationCivil Appli 141 of 1998

Division and case type: CivilCivil Appli

…Gikandisays I should strike it out, but, it would appear now that therigidity of those pronouncements in the quoted cases here havebeen ameliorated by the Court of Appeal in recent decision inthe East African Packaging Industries…

…I would decline to strike theparagraphs leave alone the whole affidavit off as Mr. Gikandi has urged. The last and , more important issue is whether theapplicant has made a case for stay.…

15 min read

Judgment[1991] KECA 828 August 1991

Bandali t/a Shimoni Enterprises v Wills

Court of Appeal at MalindiShields,judge High CourtCase number Civil Application 12 of 1991

Division and case type: CivilCivil Case

…particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation, and the policy of the Courts, being to strike…

Application dismissedDismissed8 min read

Judgment[2017] KEHC 9114 December 2017

Abdalla v Independent Electoral and Boundaries Commission

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaElection Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

…(xxv) THAT in any event the purpose of scrutiny of votes is to strike off votes as stipulated by Section 81 (2) and since no particulars have been specifically given in the Petition as well as evidence touching on this presented…

…(ix) THAT since Applicant has not stated his postal address in the said Affidavit as mandatorily required in Order 19 Rule 4 of the Civil Procedure Rules, 2010 we urge this Honourable Court to strike out the said Affidavit…

appeal succeedsAllowed73 min read

Judgment[2017] KEHC 9014 December 2017

Albeity Hassan Abdalla v Indepentedent Electroal and Boundaries Commission (I.E.B.C) &

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaCase number Election Petition 8 of 2017