Case law
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Division and case type: CivilCivil Appeal
…As to the point which was taken that the application to strike out should not have been made informally, there is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case…
Division and case type: CivilCivil Appeal
…As to the point which was taken that the application to strike out should not have been made informally, there is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case…
Division and case type: CivilCivil Appeal
…For that reason I am not willing to strike out H as a party to the petition.”…
…What was before the learned Commissioner was an application to strike out the petition on the grounds I have already set out.…
Division and case type: CivilCivil Appeal
…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…
Division and case type: CivilCivil Appeal
…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…
Division and case type: CriminalCriminal Appeal
…On the latter date the learned Judge’s record shows that the appellant’s advocate was not present in court as “Advocates are on strike.” The matter was again adjourned to 7th November, 2007 for mention.…
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…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…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…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…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: CriminalCriminal Case
…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…
…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…
Division and case type: CriminalCriminal Case
…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…
…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…
Division and case type: CivilCivil Appeal
…If the defence was a sham as Mr Kapila now contends, he had the clear option of moving to strike it out or applying for summary judgment none of which he did. A defence which fails is not necessarily frivolous or bogus.…
Division and case type: CivilCivil Appeal
…On the other hand the opinions quoted in Waweru strike an odd note.…
…Had he one, he would not have sought to set the judgment aside, on what strikes me as a bare technicality.…
Division and case type: CriminalCriminal Appeal
…At any rate, having looked at the evidence generally as to what happened, J’s conduct does not strike us as invalidating her claim, nor casting doubt upon her evidence.…
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: CriminalCriminal Appeal
…this part of the case it is evident that the complainant’s failure to identify the appellant by name was omitted from consideration all together and was not weighted on the scales presumably because this omission did not strike…
Division and case type: CivilCivil Appeal
…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…
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..…