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…specific performance of the contract by execution of all necessary documents, general damages, exemplary damages, interests and costs, and upon receipt of defence filed by the applicant, applied for summary judgment and striking…

…out of the defence.…

…The learned judge having dismissed the application for amendment the striking out of plaint became a "fait accompli" in view of orders made by him on 7th November, 1990.…

…The plaintiffs appealed against that striking out order. This court on 8th June, 1990 recalled the plaint and ordered amendments. The amended plaint was filed on or about 20th June, 1990.…

…In the premises I find the plaintiff/applicant has made out a case and I grant him the relief sought by striking out the defence filed herein by the defendant and the plaintiff be and is hereby given liberty to proceed by…

…Nairobi City Council Vs Cris Evanand & Others HCCC No 851/02 (unreported) J W Mwera Prayer for striking out a plaint whereby the name of the plaintiff was incorrectly used.…

…A notice of motion was filed for the striking out of a petition on the ground that the notice of presentation of the petition was not served on the respondent by the petitioner within 10 days of such presentation as required…

…Finally we wish to reaffirm the statement of law that striking out a pleading is a very drastic measure particularly at an interlocutory stage. An election petition is a very serious matter.…

…In the result, we allow the appeal, set aside the order of the superior court striking out the appellant’s appeal to it against conviction, and quash that conviction and set aside the sentence.…

…motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil Procedure Rules for, inter alia, an order of (a) stay of proceedings of the summons; (b) for an order striking…

…out of the originating summons on the grounds that it does not disclose a reasonable cause of action, and; (c) that the suit and the application are res judicata.…

…and there is no further Appeal and the said 2 Honourable Judges having been part of a Bench, which previously exercised its discretion against the Appellant on two previous occasions could be influenced by their previous "striking…

…out" orders.…

…the grounds and facts on which the application is based on the one part as well as the grounds of opposition including the replying affidavits on the other, have omitted to make any reference to anything relating to the striking…

…out of the paragraphs of the petition as sought in prayer number 2 of the application, because, as pointed out by Mr.…

…to deny the 1st respondent the enjoyment of the fruits of the judgement in its favour, having been filed belatedly it was an afterthought, and it was an abuse of the process of the court and, consequently it was fit for striking…

…out.…

…He has his injunction and the costs of his first and third summonses in chambers, so whether there is any personal profit to the applicant in appealing from the striking out of his first application and the rejection with…

…He said what follows:- “The rationale for striking out petitions was explained by Hoffmann J in Re a company (No 006834 of 1988), exp Kremer [1989] BCLC 365.…

…The learned Commissioner considered the striking out application keeping in mind the fact that he could not order joinder of other companies in the petition.…

…The provision of the rule that is relied upon in striking out the petition, is rule 4 (3) which provides: “(3) The petition shall conclude with a prayer as, for instance, that some specied person should be declared duly…

…arrived at the unanimous decision which was delivered under rule 32(5) of the Rules of this Court allowing the appeal with costs and setting aside the orders made by the Election Court and substituting them with an order striking…