“"struck out"” — court decisions

Judgment[1990] KECA 568 January 1990

Jiwa v Jiwa & another

Court of Appeal at MombasaJudge July,JUDGE APPEALCase number Civil Appeal 59 of 1986

Division and case type: CivilCivil Appeal

…the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck…

…out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate…

8 min read

Judgment[1995] KECA 1275 November 1995

Kamlesh Mansuklal Damji Pattni v Republic

Court of Appeal at Nairobijudge High Court,JUDGE APPEAL,Rebelo,Chunga,Rao,Rao argues Mr,Rao MrCase number Criminal Appeal 88 of 1995

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.…

Judgment[1995] KECA 12831 August 1995

Kimani Wanyoike v Electoral Commission & another

Court of Appeal at NairobiJudge Nyeri High Court,Judge Nakuru,JUDGE ESSEX CLARK,JUDGE APPEAL,Kimani Wanyoike,Imanyara,Kivuitu,Ngei,Mbondo,CheboiwoCase number Civil Application 213 of 1996

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…

Judgment[1996] KECA 704 January 1996

Corporate Insurance Company v Loise Wanjiru Wachira

Court of Appeal at NairobiTunoi,JUDGE APPEAL,MuthogaCase number Civil Appeal 151 of 1995

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…

10 min read

Judgment[1994] KECA 11412 January 1994

Nyamodi Ochieng Nyamogo & another v Kenya Posts & Telecommunications Corporation

Court of Appeal at NairobiOwuor,England,judge bench Court,JUDGE APPEALCase number Civil Application 264 of 1993

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…

19 min read

Judgment[1988] KECA 10811 April 1988

Madede & another v Fita & 2 others

Court of Appeal at KisumuJUDGE APPEAL,Wasuna,KhaminwaCivil Appeal 4 of 1986

Division and case type: CivilCivil Appeal

…He asked for his name to be struck out from the suit with costs. 8.…

appeal is dismissedDismissed21 min read

Judgment[1997] KECA 40225 May 1997

MARY WAMBUI KABUGU v KENYA BUS SERVICE LIMITED

Court of Appeal at NairobiRingera,JUDGE APPEAL,Russell,England,Skingsley,Njuguna,WaiguaCase number Civil Appeal 195 of 1995

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…

Judgment[1985] KECA 4128 December 1985

Russell Co. Ltd v Commercial Bank of Africa Ltd & another

Court of Appeal at NairobiJUDGE APPEALCase number Civil Appeal 31 of 1985

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.…

case set asideDismissed32 min read

Judgment[2006] KECA 3807 December 2006

Aberdare Freight Services Ltd v Kenya Revenue Authority

Court of Appeal at NairobiJUDGE APPEAL,Abdulrehman Hemed Mohamed,Fred Ngatia,Francis Thuranira,Mohamed,Thuranira,Otiende Amollo,Ismail Jillo Dajissa,Dajissa,Shah,Frederick Ngatia,Ngatia,Ontweka,Mogaka,

Judgment[1994] KECA 8210 August 1994

John Mwangi King'ori & 4 others v Steve Flavian Mwangi & another

Court of Appeal at NairobiGithinji,Aluoch,JUDGE APPEAL,JUDGE APPEWALCase number Civil Appeal 99 of 1994

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.…

appeal failsDismissed62 min read

Judgment[1995] KECA 220 August 1995

Kaittany & another v Wamaitha

Court of Appeal at NairobiErastus Githinji,judge High Court,Judge regard Keiyo,judge did find Sakina,judge according Islamic,judge Jhansi,judge held Skinba,inherent Islamic,judge Sakina,judge did indeed dismiss Mustafa,Wahiduddin Ahmad,JUDGE APPEAL,,

Judgment[1989] KECA 4816 November 1989

Owners of the Motor Vessel “Lillian S" v Caltex Oil

Court of Appeal at MombasaAct,Bosire,JUDGE APPEAL,Inamdar,Alexander,Satchu,Kariuki,Saliarelis,Tsakiris,PLSCivil Appeal 50 of 1989

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 plaintis’ claim did not lie within the jurisdiction of the Admiralty Court.…