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…The plaintiff, who is the applicant, moved the court by chamber summons grounded on Order VI Rule 13 of the Civil Procedure Rules, seeking orders that the defence filed herein be struck out, and costs of the application be…

…That if there was a declaration, then the defence filed in this suit would have been credible, but as it is, it has no merit and should be struck out.…

…The applicant filed a sham defence which was struck out and judgment entered in favour of the respondent.…

…If he does not succeed, this application would stand spent and liable to be struck out.…

…When the appeal came for hearing in the superior court, Mr Chunga raised a preliminary objection based on section 348 of the Criminal Procedure Code, that the appeal against conviction was incompetent and should be struck…

…out.…

…proceedings either upon or without the application of either party, (my emphasis) and on such terms as may appear to the court to be just, order that the name of the party improperly joined, whether as a plaintiff or defendant be struck…

…out”.…

…The Respondent, however, filled a Notice of Motion on February 15, 1982, seeking that the defence be struck out as disclosing no reasonable answer to the claim, under order 6 Rule 13 of the Civil Procedure Rules, and summary…

…The judge (Porter J) allowed both applications, struck out the defence and counterclaim, and entered judgement for the Respondent as prayed.…

…The applicants original appeal NO. 80 of 1996 was struck out by this Court on 10th April, 1997 for the reason that the notice of appeal contained therein was unsigned by or on behalf of the applicants as is required by rule…

…The applicant's original appeal had been struck out for being incompetent in that the date shown on the extracted decree as the date of the judgment, differed from that shown in the record of appeal as the date of judgment…

…The latter had ruled on 12th September, 1986 that the defence of the Defendant Corporation, the Kenya Film Corporation Limited, must be struck out as showing no cause of defence and for being vexatious (inter alia), under…

…But on 27th October, 1988 this Court ruled that the Notice of cross-appeal must be struck out because it sought to question the judgment of Mr Justice J.S. Patel after so much time had lapsed.…

…Secondly that if the applicant is asking for the release of his title deed, then this in effect means that the defendant has no defence to the action and applicant should have therefore asked for defence to be struck out…

…Chacha does not apply to this case since the 2nd Defendant does not ask that the plaint be struck out. His argument simply is that the suit has been filed out of time, and is barred by the Limitation of Actions Act.…

…In one party to a litigation does not take steps to prosecute its case, it is open to the other party to take steps to have those proceedings struck out.…

…It is contended by the petitioner that the application be struck out as a sham and abuses the court process. As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed.…

…Thus under Rule 80 of the Court of Appeal Rules the appeal may be struck out. In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first.…

…2 and all other enabling provisions of the Civil Procedure Rules and Sections 4, 27, 28, 29 and 30 of the Limitation of Actions Act (cap 22) that the plaintiff’s (respondent) suit against the Defendants (Appellants) be struck…

…out.…

…Consequently the plaint filed in this court and Chamber Summons dated the 12th May 2003 amounts to abuse of the process of court and are hereby struck out under Order VI Rule 13(1) (d) of the Civil Procedure Rules.…

…Unfortunately, that appeal was struck out by this Court on 15th February, 1996, as the record of appeal did not contain a certified copy of the order appealed against.…

…We hold that the appeal is incompetent and is struck out. Dated and delivered at Nairobi this 24th day of November , 1988 J.O. NYARANGI ........................................ JUDGE OF APPEAL H.G.…

…material events set out in the defendant’s own affidavit as adumberated above, this is a case where the defendant is grossly guilty of abusing the process of Court, the defence is one which is absolutely vexatious and must be struck…

…out under the Civil Procedure Rules order VI rule 6.…