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…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…

…He had filed a notice of appeal dated 22.11.1996 which is at P.108 of this motion which he now has withdrawn and asked me to strike out.…

…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.…

…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.…

…He is of the view that if the Defendant thinks otherwise he should apply to strike out the plaint.…

…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…

…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…

…If the defence was a sham as Mr Kapila now contends, he had the clear option of moving to strike it out or applying for summary judgment none of which he did. A defence which fails is not necessarily frivolous or bogus.…

…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.…

…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.…

…At any rate, having looked at the evidence generally as to what happened, J’s conduct does not strike us as invalidating her claim, nor casting doubt upon her evidence.…

…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…

…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.…

…Either to strike it out or to save and whether struck out or saved, the authority for striking out or saving it.…

…It has to be struck out, the court accordingly strikes out the same. vi.…

…It also complained that the petitioner had gone on hunger strike and created disturbance and discomfort of fellow residents at the centre and refused to co-operate with administration.…

…It behoves both the Bar and the Bench to strike a working formula based on professionalism, etiquette and simple good manners. Happily this court refuses to be vindictive in due obedience to its oath of office.…

…The second respondent, led a notice of motion seeking to strike out the petition on the similar ground that it had not been signed by the petitioner in accordance with the provisions of rule 4 of the National Assembly Elections…

…The respondent (petitioner) sought to strike out the notice of appeal in his Civil Application No Nai 241 of 1993.…

…That does not strike me as unreasonable. But such a course was disapproved by high judicial authority. In Lim v Camden Health Authority [1980] AC 174 to which Mr..…

…plaintiffs then filed an application vide order 6 rule 13(l) a,b,c and d and order 35 rule 1(a) and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act seeking orders that this honourable court be pleased to strike…