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…The application filed by the respondent was for striking out of the notice of appeal lodged by the present applicant on 28th May, 1992.…

…Kiage for the respondent opposed the application for adjournment and sought striking out of the present application on the ground that the same is premature and hence incompetent. Mr.…

…Mr Kimatta also argued that the learned single judge only dealt with matters which preceded the striking out of the appeal and not what steps the applicant took thereafter to perfect his appeal.…

…great respect to the learned single judge, we conclude without any hesitation, after taking into consideration all the facts of the matter before us, that the learned single judge did not consider all the facts post the striking…

…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…575 OF 1968) *********** RULING OF THE COURT The reference before us which has been brought under rule 54 of our Rules, is from the ruling dated 25th February, 1997, of Tunoi, JA sitting as a single Judge of this court, striking…

…out the applicant’s application for extension of time to file an appeal.…

…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…

…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…

…The Notice of Motion filed in Court yesterday for striking out the appeal which Dr. Khaminwa purported to withdraw is hereby dismissed with costs. 2.…

…The striking out was on 17th January, 1997, and it was not until 2nd July, 1997, that the applicant filed the present application.…

…The same principles apply to the striking out of a particular defence as apply to the dismissal of an action; per Devlin J in Reiss v Woolf [1952] 2 All ER 3 at p 5.…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…Mwenesi, for the appellant, argued before us that the learned judge (Githinji J.) erred in striking out the defence and he propounded his argument on the basis that Order Vi rule 13(1) (a) of the Civil Procedure Rules does…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…Want of compliance with Procedural rules (unless fundamental and going to the jurisdiction of this court) do not and cannot call for striking out of an application of the kind that is before me.…

…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…

…out Civil Appeal No. 62 of 1993, filed by Carter & Sons Ltd (the appellant), on the ground that the appellant did not serve the notice of appeal dated 15.3.93, and lodged in Court on 18.3.93, on Karugu Contractors (Kenya…

…specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and costs, and upon receipt of defence filed by the applicant, applied for summary judgment and striking…

…out of the defence.…

…The learned judge having dismissed the application for amendment the striking out of plaint became a "fait accompli" in view of orders made by him on 7th November, 1990.…

…The plaintiffs appealed against that striking out order. This court on 8th June, 1990 recalled the plaint and ordered amendments. The amended plaint was filed on or about 20th June, 1990.…