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…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…Chacha for the Plaintiff argues that the objection ought to be rejected as the 2nd Defendant ought o have made a formal application since if the preliminary objection were to be upheld it would have the effect of striking…

…out the plaint.…

…This what the Judge said when striking out the Applicant’s application: “The fact that Chemitei J was transferred from Kitale to Nakuru did not affect the continued validity of the order he issued; since an order once issued…

…This what the Judge said when striking out the Applicant’s application: “The fact that Chemitei J was transferred from Kitale to Nakuru did not affect the continued validity of the order he issued; since an order once issued…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…This dismissal follows the striking out of the plaint leaving no sub-stratum for the application.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…

…This what the Judge said when striking out the Applicant’s application: “The fact that Chemitei J was transferred from Kitale to Nakuru did not affect the continued validity of the order he issued; since an order once issued…

…Want of compliance with Procedural rules (unless fundamental and going to the jurisdiction of this court) do not and cannot call for striking out of an application of the kind that is before me.…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…This dismissal follows the striking out of the plaint leaving no sub-stratum for the application.…

…Well since by the interlocutory judgment following the striking out of the defence and counter claim, the matter of liability is no longer in issue, as thereby the defendant was found to have wrongfully denied possession…

…NO. 5638 OF 1989) ************* RULING OF THE COURT This is a Notice of Motion taken out by Pepco Construction Company Ltd (the second respondent) under rule 80 of the Court of Appeal Rules (the Rules), seeking an order striking…

…out Civil Appeal No. 62 of 1993, filed by Carter & Sons Ltd (the appellant), on the ground that the appellant did not serve the notice of appeal dated 15.3.93, and lodged in Court on 18.3.93, on Karugu Contractors (Kenya…

…out a suit.”…

…Under rule 1(3) of order vii Civil Procedure Rules, the Superior Court however had a discretion – it had jurisdiction instead of striking out the plaint to make any other appropriate orders such as giving the plaintiffs another…

…The question posed by the instant application is whether the originating summons is so weak, so hopeless that it is only for striking out, or whether it raises issued that ought to go to trial In answering these questions…