Case law
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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.…
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 ...............................…
Division and case type: CriminalCriminal Appeal
…The appellant's appeal is therefore incompetent and the same is struck out. Dated and delivered at Nairobi this 19th day of December, 1995. J.E. GICHERU …………………….. JUDGE OF APPEAL R.S.C.…
Division and case type: CivilCivil Appeal
…out. (2)AND that the co sts of and incidental to this application as well as the Notice of Motion dated 12th November, 1997 of the Appellant and the Civil Appeal No. 160 of 1997 be paid by the Appellant to the Respondent…
…. (3)That the Notice of Motion filed by the Appellant on 12 th November, 1997 seeking leave to amend its Notice of Appeal be also struck out and/or dismissed with costs and for the further order that the purported Consent…
Division and case type: FamilySuccession Cause
…In the circumstance we allow the application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…Justice Rauf struck out the plaint in the superior court whilst holding that the plaint did not set out important averments relating to alleged inducing of breach of contract.…
…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…
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: Constitutional and Human RightsPetition
…He prayed for the charge at Shanzu Law Courts to be struck out.…
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…