Case law
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Division and case type: CivilCivil Case
…I therefore allow the application dated 30/5/2012 and strike out the application dated 16/5/2012. The proceedings that arose during the year 2012 in which Mr.…
Division and case type: CivilCivil Case
…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…
Division and case type: Constitutional and Human RightsElection Petition
…On 15.6.1998 the 2nd Applicant filed this application by way of a Notice of Motion to strike out and dismiss the notice of presentation of the petition and the petition itself upon the following grounds:- (a) The petition…
…In response to the application to strike out the petition, the petitioner's learned counsel, Mr.…
Division and case type: Constitutional and Human RightsPetition
…In view of the above, I find that this petition is a misuse of this courts process and hereby strike it out with costs. Orders accordingly. July 20, 1992 Mbito, J…
Division and case type: CriminalCriminal Case
…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…
…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…
Division and case type: CriminalCriminal Case
…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…
…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…
Division and case type: CivilCivil Case
…For the reasons stated, the application to strike out fails and is dismissed with costs. Dated, Signed and Delivered at Nakuru this 16th day of December, 2011. W. OUKO JUDGE12…
Division and case type: CivilCivil Suit
…Moreover on the merits, the grounds relied upon for seeking to strike out the suit are not referable to the date of the suit but on certain alleged defaults to comply with terms of a certain order made herein by consent.…
Division and case type: CivilCivil Appli
…Gikandisays I should strike it out, but, it would appear now that therigidity of those pronouncements in the quoted cases here havebeen ameliorated by the Court of Appeal in recent decision inthe East African Packaging Industries…
…I would decline to strike theparagraphs leave alone the whole affidavit off as Mr. Gikandi has urged. The last and , more important issue is whether theapplicant has made a case for stay.…
Division and case type: Constitutional and Human RightsElection Petition
…This court was not asked to say something about personal service as the basis to strike out the petition but Mr Kilonzo did comment on this in a serious way.…
…They supported the 1st respondent in it, yes, but since they did not file their own application to strike out the petition for non-service it is assumed that they were duly served. Orders accordingly.…
Division and case type: CivilCivil Case
…I award costs to the respondent and dismiss this application and strike out the suit. Dated and delivered at Nairobi this 9th day September, 2003 M. A. ANG’AWA …………. JUDGE…
Division and case type: Milimani Commercial CourtsCivil Case
…He is of the view that if the Defendant thinks otherwise he should apply to strike out the plaint.…
Division and case type: Constitutional and Human RightsElection Petition
…A notice of motion by the 2nd respondent was brought to strike out the petition or have it summarily rejected in that there had been no valid service on him as required by rule 15 of the Election Petition Rules.…
…So it may be noted that much caution is called for when a motion to strike out a petition is filed. A facility for striking out a petition needs be most sparingly used and in the most clear and proper cases.…
Division and case type: CivilCivil Suit
…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…
Division and case type: CivilCivil Suit
…The effect of that sub-rule clearly gives to the court the power to strike out any party improperly joined. Mr Hyanga maintained that what was before the court was an amended plaint and order VIA (1) applied.…
Division and case type: CivilCivil Case
…To strike out the defence would I think be wrong having regard to the matters of law pleaded therein which raises triable issues. These questions however have now been fully argued.…
…Although it would be illogical to give judgment on admissions contained in the defence and at the same time strike out that defence it does appear to me that the defence at least in part tended to prejudice, embarrass and…
Division and case type: CivilCivil Case
…The application is opposed by the defendants who have filed their own application to strike out the Applicant’s application. They gave notice of legal objections.…
Division and case type: CivilCivil Case
…The growing practice of advocates swearing affidavits on behalf of their clients must cease forthwith and in an appropriate case this Court will not hesitate to strike out such affidavits, particularly if an objection is…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Objection raised by the Respondents which I uphold with costs to the 3rd and 4th Respondents only. (13) However, since the Petition was filed before the Environment and Land Court was operationalized, I do not propose to strike…
Division and case type: CivilCivil Case
…The 1st defendant did not strike me as a honest and candid person. Most of the time he was deliberately evasive in his answers. He claimed to have purchased the suit premises from his own resources.…