Case law
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Division and case type: CivilCivil Case
…In the meantime, the 1st defendant has brought the present application dated 30th January, 2009 for orders that the originating summons be struck out for the reasons that: i) the claim is statute barred; ii) the agreement…
…I reiterate that the instant application seeks that the originating summons be struck out.…
Division and case type: Constitutional and Human RightsElection Petition
…It can serve no other purpose but should be struck out.…
…The principle does bind this Court here and the result is that this petition is struck out.…
Division and case type: CivilCivil Appeal
…The application canvassed before the learned single judge had been necessitated by the fact that the applicant’s appeal had been struck out by this Court on 21st February, 2001 on the ground that it was lodged one day out…
…Nakuru Civil Appeal No 156 of 1999 was struck out on 21st February, 2001 for being out of time. The applicant lodged this application a week later on 28th February, 2001.…
Division and case type: Milimani Commercial CourtsCivil Case
…That the plaint herein dated 20th June, 2007 and filed in court on the same day be struck out. 2. That the cost of this application and of the suit be borne by the Plaintiff.…
…The plaint dated 20th June, 2007, and filed in court on the same day is accordingly hereby struck out as prayed, with costs of the application and of the suit to be paid by the Plaintiff. Orders accordingly.…
Division and case type: CivilCase number Civil Application
…He then struck out the application with costs for the respondent. But what was the decision of Omolo, JA which was upheld by the full court?…
…It was that the application then before him for extension of time to file the appeal, be struck out on the ground that the application was incompetent as it did not fulfil a precondition previously ordered by the court for…
Division and case type: CriminalCase number Criminal Revision
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…it out. 8.…
Division and case type: Constitutional and Human RightsPetition
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…it out. 8.…
Division and case type: Constitutional and Human RightsConstitutional Petition
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…it out. 8.…
Division and case type: Milimani Commercial CourtsMiscellaneous Civil Application
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…it out. 8.…
Division and case type: CriminalCase number Criminal Revision
…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…
…it out. 8.…
Division and case type: CivilMiscellaneous Application
…Since then no step was taken to have the same struck out under rule 80 of the Rules of this Court.…
…seriously of the view that the applicant's projected appeal was frivolous, the first thing she should have done is to seize the opportunity of the delay in the service of the Notice of Appeal and apply to this Court to have it struck…
Division and case type: CivilCivil Case
…This was withdrawn and another filed on 2nd December, 2008 that was duly struck out. 4.…
…The advocate filed an application of 3rd November, 2007 and 2nd December, 2008 which was then withdrawn and or struck out due to the issue of representation. 8.…
Division and case type: CivilMiscellaneous Application
…Notice of appeal struck out. June 5, 1985, Hancox JA, Platt & Gachuhi Ag JJA delivered the following Judgment.…
…of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is hereby struck…
Division and case type: Milimani Commercial CourtsCivil Case
…Following an application by the plaintiff the defendants defence was struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court…
…However, on its defence being struck out, the plaintiff’s case stood unchallenged and the defendant must be deemed to have acted unlawfully in canceling the allocation and purporting to repossess the plot.…
Division and case type: CivilCivil Appeal
…1996) CONSOLIDATED WITH CIVIL APPEAL NO. 90 OF 1996) ***************** ORDER OF THE COURT As the record of appeal does not contain certified copies of the decrees appealed against, this appeal is incompetent and is hereby struck…
…out with no order as to costs.…
Division and case type: CivilCivil Appeal
…It is therefore struck out with no order as to costs. Dated and delivered at Nairobi this 16th day of December 1996. A.M. AKIWUMI ……………………… JUDGE OF APPEAL A.A. LAKHA ……………………… JUDGE OF APPEAL S.E.O. BOSIRE ………………………….…
Division and case type: CivilCivil Appeal
…The appellant filed a defence but the respondent immediately moved the High Court under order 6 rule 13 of the Civil Procedure (Revised) Rules for that defence to be struck out on the grounds that it disclosed no reasonable…
…The High Court (Wambilyangah, J) obliged the respondent and struck out the defence.…
Division and case type: CriminalCriminal Appeal
…The appellant's appeal is therefore incompetent and the same is struck out. Dated and delivered at Nairobi this 19th day of December, 1995. J.E. GICHERU …………………….. JUDGE OF APPEAL R.S.C.…
Division and case type: Milimani Commercial CourtsCivil Case
…That the plaint herein dated 20th June, 2007 and filed in court on the same day be struck out. 2. That the cost of this application and of the suit be borne by the Plaintiff.…
…The plaint dated 20th June, 2007, and filed in court on the same day is accordingly hereby struck out as prayed, with costs of the application and of the suit to be paid by the Plaintiff. Orders accordingly.…
Division and case type: CivilCivil Appeal
…That being so, the notice of appeal and the appeal abovementioned are struck out with costs of the appeal and this application. Made at Nairobi this 29th day of July, 1999. J.E. GICHERU ..................…