Case law
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Division and case type: CivilCivil Appeal
…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…
Division and case type: CivilCivil Appeal
…NO. 1501 OF 1989) ***************** RULING OF THE COURT This is an application to strike out the appeal under Rule 80 of the Rules of this Court.…
Division and case type: CivilCivil Appeal
…In the result we allow the applicant's application and strike out the appellant's appeal with costs to the applicant Isaac Matheka Mutua together with the costs of this application.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…
…For that reason, I decline to strike out the Plaintiff’s/Respondent’s suit subject to the Respondent paying thrown away costs to the Applicant within 14 days from date herein assessed at Kshs.30,000/- Dated at Nairobi this…
Division and case type: CivilCivil Suit
…We have before us a motion of notice filed on June 2 1983 by the advocates for James Macharia Gichuki (the appellant expressed to be brought under Rules 42, 80 and 82(a) of the Court of appeal Rules asking this court to strike…
…Rule 80 declares that a person on whom a notice of appeal had been served may at any time, either before or after the institution of the appeal, apply to this court to strike out the notice or the appeal on the grounds that…
Division and case type: CivilCivil Appeal
…NO 2755 OF 1994) ************************ RULING OF THE COURT There is a notice of motion before us taken out by the respondents under rules 80 and 85(1)(f) of the Court of Appeal Rules to strike out the appeal on the ground…
Division and case type: CivilCivil Appeal
…applicant is dissatisfied with the previous orders and rulings of the superior court he should appeal against them, not by way of the present application. the failure by the Receiver to file proofs of debt is not sufficient to strike…
Division and case type: Milimani Commercial CourtsCivil Case
…This is an application to strike out the defence filed by the defendant in this matter and for judgment to be entered in favour of the plaintiff against the defendant as prayed in the plaint.…
Division and case type: CivilCivil Appeal
…The respondent applied to strike out the defence under 0.6 r. 13(1)(a) of the Civil Procedure Rules on the ground that it did not disclose any defence to the claim and this application was granted.…
Division and case type: CivilMiscellaneous Application
…Mr Mwenesi has forcefully argued that the Court cannot dismiss social issues from our legal conscience by adhering to a strict and technical interpretation of statutes and that it must strike down a law which is found inimical…
…I cannot strike down or disregard the express provisions of s 9 of the Act.…
Division and case type: CivilCivil Suit
…The plaintiff may now set down his application for an order to strike out the defence for hearing. Dated and Delivered at NAIROBI this 6th Day of September, 1988 G.S. PALL …………. JUDGE…
Division and case type: Milimani Commercial CourtsCivil Case
…For the above reasons, I am persuaded that the Plaintiff as appearing in this case is not the proper Plaintiff, and that the application to strike out the case should succeed.…
Division and case type: Milimani Commercial CourtsCivil Case
…For the above reasons, I am persuaded that the Plaintiff as appearing in this case is not the proper Plaintiff, and that the application to strike out the case should succeed.…
Division and case type: CivilCivil Appeal
…As to the point which was taken that the application to strike out should not have been made informally, there is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case…
Division and case type: CivilMiscellaneous Application
…For want of jurisdiction, I decline to grant leave sought and proceed to strike out the chamber summons dated 20th December, 2025. 7. This le is closed.…
Division and case type: CivilCivil Appeal
…As to the point which was taken that the application to strike out should not have been made informally, there is nothing in Rule 80, or indeed in rule 42, as we see it, to prevent this being done, particularly in a case…
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 Appeal
…For that reason I am not willing to strike out H as a party to the petition.”…
…What was before the learned Commissioner was an application to strike out the petition on the grounds I have already set out.…
Division and case type: CriminalCriminal Appeal
…The appellant, as general secretary, signed a letter from the union on September 27 to the Minister for Labour giving him fourteen days notice of a strike of the union members at Miwani Sugar Factory because one thousand…
…The Nyando Constituency Harambee meeting would probably have been graced by His Excellency the Vice-President in December 1982 but the appellant was detained by the CID ostensibly for calling and cancelling a strike at the…
Division and case type: CivilCivil Appeal
…We hold that it is incompetent and accordingly strike it out with costs. We also discharge and revoke the stay of execution granted by this Court pending the hearing and determination of the appeal.…