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…The application seeks four specific orders as follows: (i) This Honourable Court be pleased to strike out the Defendant's Amended Statement of Defence dated 29th April, 2025.…

…The Defendant relies on the holding that the power to strike out pleadings must be sparingly exercised and reserved only for the clearest of cases. 15.…

…The Company has filed the application dated 10.06.2022 seeking to strike out the petition.…

…In the circumstances, I decline to strike out the petition. The issues raised are matters for trial. I dismiss the application dated 10.06.2022 with cost to the Petitioner.…

…Before coming to his decision to strike out the application, however, Omolo, JA had expressed the view, which was obiter, that if he had been properly seized with the application, which he knew he was not, he would have dismissed…

…making it the ratio decidendi of their decision , and it seems that, it too, could not help it, went on also to comment that if only the application had been competent, Omolo, JA would have dismissed it on merits rather than strike…

…The above provisions give the court unfettered discretion to strike out pleadings that are frivolous, raises no cause of action and are a waste of the court’s time.…

…The Defendants have urged this court to strike out the plaint for failure to disclose a cause of action.…

…The Applicant cites Order 1 Rules 10 and 14 of the Civil Procedure Rules as the power to strike out the 9th Respondent from these proceedings. Order 1 Rule 10 states as follows; 10.…

…Any application to add or strike out or substitute a plaintiff or defendant may be made to the court at any time before trial by chamber summons or at the trial of the suit in a summary manner. 8.…

…The Defendant/Applicant urges this Honourable Court to strike out the suit in its entirety, with costs, as it is frivolous, vexatious, and an abuse of the court process. 15.…

…In response, the Plaintiff/Respondent submitted that the 1st Defendant’s application to strike out the suit is premature, unfounded, and aimed at defeating the course of justice.…

…The court’s power to strike out pleadings is discretionary. Order 2 Rule 15 of the Civil Procedure Rules. 18. Exercise of the discretion must be based on principle and not on a whim.…

…The principles for consideration in determining whether to strike out pleadings are well established. 20. “The power to strike out pleadings must be sparingly exercised. It can only be exercised in clearest of cases.”…

…That the power to strike out a pleading as provided is at the discretion of the court.…

…It simply provides that the order of the court to strike out a pleading may be made at any stage of the proceedings.…

…The Application is made under Order 1 Rule 10 and 14, Order 2 Rule 15 and Sections 1A and 1B of the Civil Procedure Act and seeks the following orders: “a) THAT this Honourable court be pleased to strike out the Plaintiff's…

…However, before deciding whether or not to strike out a party, the court must first consider all the facts in order to determine whether a cause of action is disclosed against the party.…

…The power to strike out pleadings must be sparingly exercised and it can only be exercised in clearest of cases.…

…The exercise of the power to strike out pleadings must balance these two rival considerations ...…

…The applicants seek to strike out the suit for being premature on the ground that the judgment sought to be enforced is not final, there being a pending rescission application before the South African High Court, akin to…

…The power to strike out pleadings under Order 2 Rule 15 of the Civil Procedure Rules is draconian and must be exercised sparingly, as emphasized in D.T.…

…(An Application to Strike out the Memorandum of Appeal vide Civil Appeal No. E009 of 2024 dated 2nd April 2024 and filed against the Judgment and Decree of Hon. B.…

…November 2023 in Nyamira CMCC No. 161 of 2022) This ruling is in respect to two related applications, namely; the application dated 6th April 2024 (hereinafter “the First Application”) filed by Respondents herein seeking to strike…

…That the learned Honourable Magistrate erred in law in failing to apply his mind to the merits of the Appellants defence while arriving at the decision to strike out the Appellants defence.…

…The Court should resist a casual approach to applications seeking to strike out pleadings since the effect of their actions could cause grave injustice to the parties.…

…where it is evident that the plaintiff has attempted to comply with the rule requiring verification of a plaint but he has fallen short of the prescribed standards, it would be to elevate form and procedure to a fetish to strike…

…Being of that persuasion, I think the ends of justice would best be served by sustaining the proceedings by declining to strike out the suit while at the same time putting right the lapses in the offending affidavit.…

…It seeks to strike out the plaint dated 31st January 2022 for disclosing no reasonable cause of action against the defendant.…

…It is trite that the discretion to strike out pleadings must not only be exercised judiciously but also with extreme caution.…

…This was on 16th April 2021 after which the 1st defendant filed an application dated 3rd May 2021 seeking to strike out the plaintiff’s pleadings against it.…

…As to whether the Court should strike out the plaint against the 1st defendant, I have considered the provisions of Order 2 Rule 15 of the Civil Procedure Rules alongside the draft amended plaint dated 12th March 2020 and…

…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…

…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…

…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…

…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…

…(An Application to Strike out the Memorandum of Appeal vide Civil Appeal No. E008 of 2024 dated 2nd April 2024 and filed against the Judgment and Decree of Hon. B.…

…RESPONDENTS RULING This ruling is in respect to two related applications, namely; the application dated 6th April 2024 (hereinafter “the First Application”) filed by Respondents herein seeking to strike out of the Memorandum…