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…But on December 12, 1987, the successful respondent brought this motion and prayed that the Record of Appeal be struck out and the appeal itself be dismissed with costs.…

…It was contended therefore that this appeal is incompetent and should be struck out.…

…It is hereby struck out. The Appellant will pay Shs.5,000/= as the Respondent's costs of the appeal payable within 7 days. Dated and delivered at Nairobi this 24th day of October, 1996. R.O. KWACH ...............…

…is an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and an appeal out of time, the first appeal filed by the applicant (Civil Appeal No. 91 of 1993), having been struck…

…out by this Court on 25th October, 1995, because the record of appeal did not contain a certified copy of the decree as required by rule 85(1)(h) of the Court of Appeal Rules.…

…In the result the application succeeds and the appeal is hereby struck out as it is clearly incompetent. The respondents will have the costs of both the appeal and the motion.…

…If the words complained of were not referable to the plaintiff whose name was not in the letter, then the plaint disclosed no cause of action and was bound to be struck out.…

…This immunity rendered the appellant’s suit to be struck out and dismissed by the superior court.…

…raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against conviction was incompetent, invalid and could not lie and must therefore be struck…

…out.…

…When the appeal came up for hearing on the 13th day of November, 1997, this time with the supplementary record, the court struck the same out as the appeal was not filed in time as extended by Muli J.A; it was not possible…

…Even this application was filed within two days after the appeal was struck out. I see no tardiness on the part of the applicant. Counsel erred genuinely as I have pointed out. The authorities cited by Dr.…

…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.…

…He prayed for the charge at Shanzu Law Courts to be struck out.…

…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.…