Case law
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Division and case type: Employment and Labour Relations CourtAppeals
…Ambasi, CM.) delivered its ruling on the Preliminary Objection on 30th August 2018, upheld the preliminary Objection, and struck out the Appellant’s suit among a series of other Suits (Pg. 50-51 of the record).…
…The trial Court decided that it lacked jurisdiction to determine the matter and struck out the claim. The Appellant’s submissions 15.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…Consequently, the court hereby downs its tools and Orders that the claimants suit dated 6th February, 2025 be and is hereby struck out for want of jurisdiction with no Orders as to costs.…
Division and case type: Employment and Labour Relations CourtPetitions
…There is no matter anchored under the constitution, making the petition incompetent, and it is hereby struck out. Costs to the 1st respondent. Delivered in open court at Mombasa, this 24th day of July 2025. M.…
Division and case type: Claims and Labour Relations DivisionClaim/Causes
…By its ruling dated 29th September 2021, this court [ Justice Nzioki Wa Makau] struck out the name of the 2nd Respondent from the proceedings as he found him not a necessary party to the suit. The Claimant’s case 4.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The claim should be struck out with costs. Both parties attended and filed written submissions.…
…The orders sought in this case should not be issued as they are premised on a fatally defective suit and should be struck out with costs.…
Division and case type: Claims and Labour Relations DivisionMiscellaneous Applications
…In the meantime, this application is bad in law and is struck out. The court makes no orders as to costs taking into account the basis of the application. 16. It is so Ordered.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…In the upshot, the claimant’s suit filed on 2nd October, 2024 is struck out with no Order as to costs. DATED, SIGNED AND DELIVERED VIRTUALLY AT KISUMU ON THIS 28TH DAY OF MAY, 2025. DR.…
Division and case type: Employment and Labour Relations CourtPetitions
…Having struck out the petition herein, to delve in the merits or lack thereof of the contempt motion dated 8th May, 202, is tantamount to flogging a dead horse. It falls by the wayside and is hereby dismissed. 25.…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The suit is hereby struck out. Each party bears its costs. Delivered in open court at Mombasa this 18th day of December 2024. M. MBARŨ JUDGE In the presence of: Court Assistant: Japhet ……………………………………………… and ………………….…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The suit is struck out. Each party is to bear its costs. Delivered in open court at Mombasa this 30th day of June 2025. M. MBARŨ JUDGE In the presence of: Court Assistant: Japhet ……………………………………………… and ………………….…………………………
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The present claim/suit having been instituted by or at the instance of Kenya Union of Pre-Primary Education Teachers (KUNOPET)which is found to lack the required locus standi be and is hereby struck out and or dismissed for…
Division and case type: Employment and Labour Relations CourtClaim/Causes
…The present claim/suit having been instituted by or at the instance of Kenya Union of Pre-Primary Education Teachers (KUNOPET)which is found to lack the required locus standi be and is hereby struck out and or dismissed for…
Division and case type: High Court Judicial ReviewJudicial Review
…Where a suit is filed and withdrawn or struck out, time does not stop running nor does it wait for the person.…
…In other words, the law has no stop the clock provision for suits which are struck out. The new suit is treated as a new separate suit and not a continuation of the struck out suit.…
Division and case type: High Court Commercial and TaxCommercial Matters
…That application was dismissed on 22nd November 2024, and the suit itself was struck out for want of jurisdiction. 6.…
…E351 of 2021 was struck out for want of territorial jurisdiction, and Milimani MCCC No.…
Division and case type: CivilCivil Appeal
…Aforesaid appeal was struck out on 25th October, 1989 whereas this notice of motion was lodged on 27th November, 1996.…
…that appeal had been lodged, survived as it could not be struck out along with the appeal.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…E136 of 2024 went on to decline the orders sought by the Applicant and struck out the appeal in a ruling delivered on 20th December 2024.…
…In the appeal which was struck out, the Applicant waited until it was prompted by the Respondent’s application to realise that the appeal had been filed out of time. 8. In the case of Jedida Alumasa & 3 others v S.S.…
Division and case type: High Court DivFamily P&A Intestate
…He stated that the certificate of confirmation of grant is incapable of revocation in law thus the summons should be struck out as the same is incompetent.…
…The issue for determination is whether the summons dated 16th September 2014 should be struck out.…
Division and case type: High Court CivilCivil Case Miscellaneous
…She moves that the said bills of costs be struck out given the want of jurisdiction.…
…E128 of 2023 the orders made by Deputy Registrar High Court on 25.10.2023 are hereby set aside and the bill of costs dated 14.8.2023 is hereby struck out with costs to the Respondent assessed at Kshs.10,000 in respect of…
Division and case type: Environment and Land CourtELC Land Judicial Review
…It was submitted on behalf of the Applicant that a previous matter namely; JR E001 of 2025 was struck out because it was filed out of time.…
…That since the earlier matter was struck out and not dismissed, the court never dealt with the substantive issues.…
Division and case type: High Court Commercial and TaxCommercial Matters
…out.…
…In this case, it is common ground that the suit was struck out on a Preliminary Objection raised by the 1 st Defendant and that none of the Defendants filed a defence.…