Case law
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Division and case type: CivilCivil Appeal
…At the commencement of the trial on 12th August, 1992, counsel for the appellant raised a preliminary objection and asked for the suit to be struck out on the ground that it had been prematurely brought without the dispute…
Division and case type: CriminalCriminal Appeal
…The appeal before us is incompetent as having been filed without any legal basis and we accordingly order that it be and is hereby struck out. Those shall be the orders of this Court.…
Division and case type: CivilORIGINATING SUMMONS
…It is struck out with no orders as to costs. Orders accordingly. Dated and delivered at Nakuru this 28th day of August 1995 D.M RIMITA JUDGE…
Division and case type: CivilCivil Appeal
…With regard to service on Mr Malakwen, in our view, this application is incompetent and must be struck out on the ground that at the time when the application was filed Mr Malakwen had not been served with the order which…
Division and case type: CivilCivil Appeal
…He asked for his name to be struck out from the suit with costs. 8.…
Division and case type: CivilCivil Appeal
…The raising of the preliminary issue that would cause the suit for the plaintiff to be struck out is not encouraged by the limitation of Actions Act particularly where leave to file an action against the defendant has been…
Division and case type: CivilCivil Appeal
…But in fact he held that the plaint disclosed no cause of action, and he ordered it to be struck out. Hence, although he held that fraud might give the Plaintiff Company a cause of action, he did not act upon it.…
Division and case type: CivilCivil Appeal
…7 Are these proceedings an abuse of the court process and should they be struck out and (sic) on this ground alone. 8 Is the 1st interested party (Kenya Sugar Board) entitled to regulate the quota in law?…
Division and case type: CivilCivil Appeal
…If she had thought that the matter was not properly before the Court, she would, no doubt, have struck out the application for injunction, for an injunction can only issue on a matter properly before a Court.…
Division and case type: CivilCivil Appeal
…In her statement of defence, the respondent averred inter alia that at the hearing of the suit against her she would seek to have some averments in the appellants’ amended plaint struck out as they related to matters of probate…
Division and case type: CivilCivil Appeal
…The defendants applied for the writ to be struck out and the ship released from arrest, on the ground that the plaintis’ claim did not lie within the jurisdiction of the Admiralty Court.…