“"strike"” — court decisions

Judgment[2011] KEHC 40723 November 2011

ALICE MUTHONI WAHOME v JAMES MAINA KAMAU & 2 OTHERS

High Court at Nairobi

Judgment[1986] KECA 7021 July 1986

MNAZI MOJA ESTATES LIMITED v AMBALAL PURSHOTTAM MISTRY AND FIVE OTHERS

Court of Appeal at MalindiJUDGE APPEAL,Satchu,Ambalal MistryCase number Civil Appeal 47 of 1986

Division and case type: CivilCivil Appeal

…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…

18 min read

Judgment[1994] KECA 11721 April 1994

Moi v Matiba; Electoral Commission & another

Court of Appeal at NairobiJUDGE APPEAL,Inmadar,Inamdar,Matiba,Kariuki,Kariuki being Re WhitleyCivil Appeal 176 of 1993

Division and case type: CivilCivil Appeal

…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.…

76 min read

Judgment[1984] KEHC 548 December 1984

JOSEPH KARISA MUTSONGA v JOHNSON NYATI

High Court at MombasaSheridan,Judge Mombasa,Joseph,Macharia Muhuni Mr,Macharia Muhuni,Kupalia,Jayantilal Shah,CuthbertCase number Civil Suit 295 of 1976

Division and case type: CivilCivil Suit

…You strike it out by way of rectification, and the court has therefore declared that it ought never to have been entered at all. They had struck it out from the very beginning.”…

26 min read

Judgment[1988] KECA 1389 June 1988

Chege Kimotho & others v Maria Vesters & another

Court of Appeal at NairobiJudge saw Maria Vesters,Judge tended overlook Maria,JUDGE APPEAL,Inamdar,Georgiadis,Vesters,Inamdar informed CourtCase number Civil Appeal 4 of 1984

Division and case type: CivilCivil Appeal

…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..…

30 min read

Judgment[2017] KEHC 9014 December 2017

Albeity Hassan Abdalla v Indepentedent Electroal and Boundaries Commission (I.E.B.C) &

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaCase number Election Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

…(xxv) THAT in any event the purpose of scrutiny of votes is to strike off votes as stipulated by Section 81 (2) and since no particulars have been specifically given in the Petition as well as evidence touching on this presented…

…(ix) THAT since Applicant has not stated his postal address in the said Affidavit as mandatorily required in Order 19 Rule 4 of the Civil Procedure Rules, 2010 we urge this Honourable Court to strike out the said Affidavit…

appeal succeedsAllowed73 min read

Judgment[2017] KEHC 9114 December 2017

Abdalla v Independent Electoral and Boundaries Commission

High Court at MalindiJudge Pius Aderemi,Judge Christopher Mitchell,Kiugu,LaichenaElection Petition 8 of 2017

Division and case type: Constitutional and Human RightsElection Petition

appeal succeedsAllowed73 min read

Judgment[1999] KEHC 3722 February 1999

MAECEOM CONSULTANTS v KERIO VALLEY DEVELOPMENT AUTHORITY

High Court at EldoretCase number Civil Suit 40 of 1998

Division and case type: CivilCivil Suit

…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…

application is refusedDismissed35 min read