“"struck out"” — court decisions

Judgment[2002] KECA 4229 September 2002

Jasbir Singh Rai & 3 others v Tarlochan Singh Rai & 13 others

Court of Appeal at NairobiOle Keiwua,JUDGE APPEALCase number Civil Appeal 63 of 2001

Division and case type: CivilCivil Appeal

…The High Court in England (Ratee J) had struck out the petition of North Holding Limited which sought relief under section 461 (2) (d) of the English Act.…

…Against that background the judge came to consider whether the petition should be struck out.…

Petition struck outDismissed76 min read

Judgment[1997] KECA 31025 November 1997

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCase number Civil Application 372 of 1996

Division and case type: CivilCivil Case

…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…

…that appeal had been lodged, survived as it could not be struck out along with the appeal.…

appeal is struck outDismissed5 min read

Judgment[1996] KECA 638 December 1996

Machakos District Co-operative Union Limited v Philip Nzuki Kiilu

Court of Appeal at NairobiJUDGE APPEAL,JusticeCase number Civil Appeal 182 of 1994

Division and case type: CivilCivil Appeal

…NO. 5 OF 1994) *********************** RULING OF THE COURT By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being…

…In the result we order that this appeal be and is hereby struck out with costs to the respondent. Dated and delivered at Nairobi this 9th day of December 1996 J. E. GICHERU ……………………. JUDGE OF APPEAL P. K.…

appeal struck out

Judgment[1999] KECA 13515 November 1999

JASWANT SINGH DHINGRA v JASWINDER DHINGRA

Court of Appeal at NairobiOwuor,JUDGE APPEAL

Division and case type: FamilySuccession Cause

…In the circumstances it is quite clear that he went to sleep and the applicant has quite properly applied to have the notice of appeal struck out.…

…We accordingly order that the notice of appeal filed in Court on 18th December, 1998 be struck out with costs to the applicant. Dated and delivered this 16th day of November, 1999. A. M. AKIWUMI ...............…

appeal struck outDismissed1 min read

Judgment[1996] KECA 14314 February 1996

B.R. Aggarwal v Munshiram & Company Limited

Court of Appeal at NairobiJUDGE APPEAL,JusticeCase number Civil Appeal 59 of 1991

Division and case type: CivilCivil Appeal

…Accordingly, the appeal is struck out with costs. Dated and delivered at Nairobi this 15th day of February, 1996. J. E. GICHERU ............................ JUDGE OF APPEAL P. K. TUNOI ...............................…

appeal is struck outDismissed1 min read

Judgment[1997] KECA 34415 April 1997

GITAMAIYU TRADING COMPANY LIMITED v NJENGA KARUME & 3 OTHERS

Court of Appeal at NairobiJUDGE APPEAL,JUDGE APPEACIVIL APPEAL NO. 2 OF 1994

Division and case type: CivilCivil Appeal

…That being the case, the appeal is struck out as incompetent with costs to the respondents. The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O.…

appeal is struck outDismissed1 min read

Judgment[1995] KECA 1124 October 1995

CORNELIUS K. BIRGEN v KIPRONO A. MASAI

Court of Appeal at NairobiEffie Awuor,JUDGE APPEALCIVIL APPEAL NO. 92 OF 1989

Division and case type: CivilCivil Appeal

…Accordingly no appeal lies and this appeal is struck out with costs to the Respondent. Dated and delivered at Nairobi this 5th day of October, 1995. J. E. GICHERU JUDGE OF APPEAL A. M. AKIWUMI JUDGE OF APPEAL A. A.…

appeal is struck outDismissed1 min read

Judgment[1996] KECA 17720 May 1996

Republic v District Commissioner Machakos

Court of Appeal at NairobiJUDGE APPEAL,MokayaCase number Civil Appeal 121 of 1992

Division and case type: CivilCivil Appeal

…CAUSE NO. 117 OF 1986) ******************* RULING OF THE COURT In this application the applicant seeks to have the appellant's appeal struck out for being incompetent for the reason that the record of the said appeal does…

appeal struck outDismissed1 min read

Judgment[1997] KECA 3615 April 1997

GITAMAIYU TRADING COMPANY LIMITED v NJENGA KARUME & 3 others

Court of Appeal at NairobiJUDGE APPEAL,BigogoCase number Civil Appeal 2 of 1994

Division and case type: CivilCivil Appeal

…That being the case, the appeal is struck out as incompetent with costs to the respondents. The respondents will also have the costs of the motion. Dated and delivered at Nairobi this 16th day of April, 1997. R.O.…

appeal is struck outDismissed1 min read

Judgment[1998] KECA 22818 May 1998

ELEGANT SERVICE STATION & GARAGE LIMITED v KOBIL PETROLEUM LIMITED & ANOTHER

Court of Appeal at NairobiJUDGE APPEALCIVIL APPEAL NO. 293 OF 1997

Division and case type: CivilCivil Appeal

…Accordingly, the appeal is struck out with costs including the costs of the application. Made and delivered at Nairobi this 19th day of May, 1998. A.M. AKIWUMI .................. JUDGE OF APPEAL P.K.…

appeal is struck outDismissed1 min read

Judgment[1994] KECA 6415 September 1994

DAVID KONGO v NJOROGE NJUGUNA

Court of Appeal at NairobiNyarangi,JUDGE APPEAL,KimaniCivil Appeal No. 79 of 1985

Division and case type: CivilCivil Appeal

…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…

…that appeal had been lodged, survived as it could not be struck out along with the appeal.…

5 min read

Judgment[1997] KECA 19620 October 1997

Machakos Ranching Company Limited v Joseph Kyalo Mutiso & another

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Joseph Kyalo Mutiso,Waema Itumo Muoka,Mwangangi,MasikaCivil Appeals numbered 96 of 1996

Division and case type: CivilCivil Appeals numbered

…Both the applications before me concern refiling or readmission of the said struck out appeals.…

…out.…

Judgment[1983] KECA 619 October 1983

Meru Express Ser v ices (

Court of Appeal at NairobiJUDGE APPEALCivil Appeal 34 of 1982

Division and case type: CivilCivil Appeal

…out.…

3 min read

Judgment[1997] KECA 2965 May 1997

BLUESHIELD INSURANCE CO. LTD v RAYMOND BUURI M'RIMBERIA

Court of Appeal at NairobiOle Keiwua,JUDGE APPEAL,Kiarie,WahomeCivil Appeal No. 14 of 1996

Division and case type: CivilCivil Appeal

…NO. 2118 OF 1994) ********************* R U L I N G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without…

…Kiarie's error in misreading or misconstruing of Rule 81 of the Rules of this Court led to the filing, of the struck out appeal, out of time.…

Judgment[1999] KECA 11030 May 1999

MACCU MOTORS LIMITED v 1. BIKABHAI MATHURBHAI PATEL 2. FRANK KAMUNDI MWONGERA 3. CYPRIAN IBURI NGARURO 4. THE COMMISSIONER OF LANDS

Court of Appeal at NairobiEtyang,JUDGE APPEAL,BandulaCase number Criminal Miscellaneous Application 289 of 1997

Division and case type: CriminalMiscellaneous Application

…An appeal from that decision being Civil Appeal No. 287 of 1996 was, on 30 October, 1997 struck out for being incompetent as the certified copy of the order appealed from did not comply with the provisions of Order XX rule…

…The only specific provision under which a suit may be struck out is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1.…

Judgment[1997] KECA 1925 May 1997

MACHAKOS DISTRICT CO-OPERATIVE UNION LIMITED v PHILIP NZUKI KIILU

Court of Appeal at NairobiOsiemo,JUDGE APPEAL,Mwangangi,LakichaCivil Appeal No. 182 of 1994

Division and case type: CivilCivil Appeal

…NO. 5 OF 1994) *********************** RULING OF THE COURT By a Notice of Motion dated 18th November, 1996 and lodged in this Court on the same day, the respondent sought to have the appellant’s appeal struck out as being…

…In the result we order that this appeal be and is hereby struck out with costs to the respondent. Dated and delivered at Nairobi this 9th day of December 1996 J. E. GICHERU ……………………. JUDGE OF APPEAL P. K.…

Judgment[1999] KECA 1365 April 1999

GALAXY PAINTS COMPANY LIMITED v FALCON GUARDS LIMITED

Court of Appeal at NairobiKwach Mr Justice,JUDGE APPEAL,DiasCase number Civil Appeal 219 of 1998

Division and case type: CivilCivil Appeal

…Mrs Dias' complaint is that the four Judges struck out two appeals on technicalities.…

…The two appeals which were struck out were incompetent. Their records omitted primary documents which were necessary for the proper determination of the appeal.…

12 min read

Judgment[1985] KECA 13726 February 1985

Meru Express Ser v ices

Court of Appeal at NairobiCockar,judge did make Lubia,JUDGE APPEALCase number Civil Appeal 21 of 1984

Division and case type: CivilCivil Appeal

…out.…

3 min read

Judgment[1994] KECA 8319 September 1994

Lali S. Lali & 3 others v Stephen M. Wachira & 2 others

Court of Appeal at NairobiOwuor,Effie Owuor,JUDGE APPEALCase number Civil Appeal 132 of 1993

Division and case type: CivilCivil Appeal

…Unless the entire Originating Summons was bad, it should not have been struck out.…

…In failing to do this, that Court was clearly wrong and ought not to have struck out the appellants’ Originating Summons.…

13 min read

Judgment[1998] KECA 28026 May 1998

Blueshield Insurance Co. Ltd v Raymond Buuri M'rimberia

Court of Appeal at NairobiMoijo Ole Keiwua,JUDGE APPEAL,Alice Muthoni Wahomean,Mary Kiarie,Kiariedid,KiarieCase number Civil Appeal 107 of 1997

Division and case type: CivilCivil Appeal

…NO. 2118 OF 1994) ********************* R U L I N G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without…

…Kiarie's error in misreading or misconstruing of Rule 81 of the Rules of this Court led to the filing, of the struck out appeal, out of time.…