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…out with costs. 2.   …

…Consequently, the appeal herein by a memorandum of appeal dated 30th January, 2024 is struck out for been filed by advocates who had no capacity to do so. Likewise the motion of an even date is also struck out”. 5.   …

…out with costs. 2.   …

…Consequently, the appeal herein by a memorandum of appeal dated 30th January, 2024 is struck out for been filed by advocates who had no capacity to do so. Likewise the motion of an even date is also struck out”. 5.   …

…The material on record shows that the said summons were struck out by Hon. Justice Munyao Sila on 21.04.2022 because the suit properties were no longer in existence at the material time.…

…There is not contest that the respondents’ suit for adverse possession was struck out on 21.04.2022.…

…In the result, the Appeal herein be and is hereby struck out. 4.…

…He submits that the appeal is fatally incurably defective and should be struck out. 14.…

…NO. 2118 OF 1994) ********************* R U L I N G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without…

…Kiarie's error in misreading or misconstruing of Rule 81 of the Rules of this Court led to the filing, of the struck out appeal, out of time.…

…He stated that the suit sought to be transferred to this court was struck out by the lower court for want of jurisdiction on 11th February 2025.…

…In that regard, the respondent stated that on the said date the lower court struck out that suit.…

…After the High Court struck out the appeal, the Applicant moved promptly to file the application herein. 19.   …

…The Applicant herein seeks an extension of time to file an appeal against the decision in MCL&E No. 29 of 2018, delivered on 8th July 2025, which struck out their Bill of Costs.…

…out for having been filed against a deceased person.…

…Therefore, the Applicant sought for the suit against the 5th Defendant to be struck out for being incompetent and a nullity.…

…An appeal from that decision being Civil Appeal No. 287 of 1996 was, on 30 October, 1997 struck out for being incompetent as the certified copy of the order appealed from did not comply with the provisions of Order XX rule…

…The only specific provision under which a suit may be struck out is Order VI rule 13(1) and an order under that provision is also equally appealable as of right under Order XLII rule 1.…

…Lastly that intended 3rd Plaintiff, Lucy Wanjiku Nyaga (purportedly acting as the administrator of the estate of joseph Nyaga Wambiti) had been struck out at the instance of the Plaintiffs, and she had no locus standi herein…

…On the other hand, the Plaintiffs stood to be greatly prejudiced were the suit left to proceed without the key and important party who had wrongfully and fraudulently been struck out.…

…THAT the Plaintiffs’ amended plaint dated 24th April, 2023 be struck out in its entirety for being filed without leave of the Honourable Court, contrary to Order 2 Rule 15 of the Civil Procedure Rules, 2010. 3.…

…He stated that unless the amended plaint is struck out or expunged, he stood to suffer delay and prejudice in defending an irregular suit.…

…out on 20 May, 1999.…

…The Certificate of Delay included in the original appeal which was struck out and the one attached to the present application states in paragraph 6 as follows: "By letter dated 20th May 1998 the Advocates were notified that…

…NO. 97 OF 1988) ********************** RULING The applicant's original appeal to this Court was struck out on 23rd October, 1995 for the reason that its record did not contain a certified copy of the decree appealed against…

…He, however, did not seek extension of time within which to lodge the Notice of Appeal the original of which was struck out with his original appeal to this Court.…

…Wamae, the learned counsel for the petitioners, who inter alia submitted that any documents filed outside the time given and without leave is improperly before the court and should be struck out.…

…out and disregarded. 5.…

…NO. 2118 OF 1994) ********************* R U L I N G On 19th March, 1997, this Court struck out the appeal filed by the applicant, being Civil Appeal No. 14 of 1996, on the ground that the same was filed out of time, without…

…Kiarie's error in misreading or misconstruing of Rule 81 of the Rules of this Court led to the filing, of the struck out appeal, out of time.…

…out with costs to the Defendant/ Applicant.…

…defective too hence it is equally struck out. 14.…

…out.…

…out on 22nd March 2023.…

…Further, counsel submitted that the grounds of the preliminary objection do not support res judicata principle as the previous earlier application was struck out hence, not determined on merit.…

…out and dismissed.…

…Consequently therefore, the entire Reference should be struck out with costs.…

…out.…