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Division and case type: CivilCase number Civil Application
…Before coming to his decision to strike out the application, however, Omolo, JA had expressed the view, which was obiter, that if he had been properly seized with the application, which he knew he was not, he would have dismissed…
…making it the ratio decidendi of their decision , and it seems that, it too, could not help it, went on also to comment that if only the application had been competent, Omolo, JA would have dismissed it on merits rather than strike…
Division and case type: CivilMiscellaneous Application
…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…
…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…
Division and case type: CivilCivil Suit
…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…
…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…
Division and case type: CivilCivil Case
…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…
Division and case type: CivilCivil Appeal
…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…
Division and case type: CivilCivil Case
…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…
Division and case type: CivilORIGINATING SUMMONS
…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…
Division and case type: CivilCivil Appeal
…The second respondent, led a notice of motion seeking to strike out the petition on the similar ground that it had not been signed by the petitioner in accordance with the provisions of rule 4 of the National Assembly Elections…
…The respondent (petitioner) sought to strike out the notice of appeal in his Civil Application No Nai 241 of 1993.…
Division and case type: CivilCivil Appeal
…That does not strike me as unreasonable. But such a course was disapproved by high judicial authority. In Lim v Camden Health Authority [1980] AC 174 to which Mr..…