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…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…

…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…

…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…

…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…

…VIRDI T/A JASWINDER SINGH ENTERPRISES......................... 3RD RESPONDENT (Application to strike out the record of appeal lodged on 9th September 1997 from the ruling of the High Court of Kenya at Nairobi (Mr Justice…

…In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to strike…

…In the second, Rajnikant Joshi seeks to strike out the notice of appeal because a step has not been taken, namely, to lodge the record of appeal within time.…

…As a result, the application to strike out the appeal has been overreached. The applicant must pay the costs of both applications.…

…Rule 80 lays down that a person on whom a notice of appeal has been served may at any time, either before or after the institution of the appeal, apply to the court to strike out the notice or the appeal, as the case may…

…The respondent not having been served with notice of appeal, he could not have moved the court to strike the appeal under rule 80.…

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…On the instructions of Mr Matiba, the appellant who was acting for him in his election petition, unsuccessfully moved this Court in Misc Application No 241 of 1993, to strike out the Notice of Appeal.…

…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…

…It is deponed that the applicants staged a strike in the college, incited other students to join the unlawful strike and so undermined the college authority.…

…And that on the same date, the applicants staged an unlawful strike and that as a result the terminal examinations for the first and second year students had to be postponed.…

…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…

…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…

…NO. 1501 OF 1989) ***************** RULING OF THE COURT This is an application to strike out the appeal under Rule 80 of the Rules of this Court.…

…In the result we allow the applicant's application and strike out the appellant's appeal with costs to the applicant Isaac Matheka Mutua together with the costs of this application.…

…The appellant’s ground for asking the High Court to strike out the plaint because it disclosed no cause of action against it (appellant) was that there was no privity of contract between it and the respondent.…

…We accordingly allow this appeal, set aside the orders made by the judge and substitute those orders with one allowing the appellant’s application by way of chamber summons and strike out the plaint as disclosing no reasonable…

…...................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.…

…What she did for the reason she gave and with which we have some misgivings was to strike it out for being merely defective.…

…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…

…applicant is dissatisfied with the previous orders and rulings of the superior court he should appeal against them, not by way of the present application. the failure by the Receiver to file proofs of debt is not sufficient to strike…

…The respondent applied to strike out the defence under 0.6 r. 13(1)(a) of the Civil Procedure Rules on the ground that it did not disclose any defence to the claim and this application was granted.…