Search court decisions

…raised a preliminary objection under section 348 of the Criminal Procedure Code to the effect that the intended appeal by the appellant against conviction was incompetent, invalid and could not lie and must therefore be struck…

…out.…

…that reply filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that the petition be stayed or struck…

…out.…

…In the premises, the application of the applicants is premature and is hereby struck out as it is not ripe for revision.…

…The defence and counter-claim having been found to be mere smokescreen defence and averments, they were struck out as shown and intended merely to postpone the inevitable pay-day, and as being an abuse of the process of the…

…And as no service was effected, and no application was made to dispense with service on Karugu Contractors, we grant the application and order that Civil Appeal No.62 of 1993, be and is hereby struck out with no order as…

…The suit was duly struck out. The advocate for the applicant/plaintiffs argued that indeed the courts had inherent jurisdiction at the level of the High Court.…

…For these reasons we order the appeal to be struck out as incompetent, with costs. Dated and Delivered at Nairobi this 19th day of October 1983. C.B.MADAN .....................................…

…Mr Justice Porter struck out the summons on May 3, 1984 because it had not been filed in any suit and therefore he held he had no jurisdiction.…

…The Law Society, in turn, filed a notice of appeal in that action which has, I think, been struck out though it is easy to lose one’s way in the morass of litigation between the parties.…

…It is my finding that the applicant has no locus standi to bring this application and it is hereby struck out. Each party to meet their own costs.…

…The plaintiff/applicant has filed chamber summons under order VI rule 13(b) and c and order IXA rule 8 of the Civil Procedure Rules seeking orders that the defence filed herein be struck out as the same is scandalous, frivolous…

…Consequently the 2nd respondent prays that the petition be struck out with costs. Both learned counsel have made their able submissions and cited some authorities. 7.…

…Consequently the 2nd respondent prays that the petition be struck out with costs. Both learned counsel have made their able submissions and cited some authorities. 7.…

…At the commencement of the trial on 12th August, 1992, counsel for the appellant raised a preliminary objection and asked for the suit to be struck out on the ground that it had been prematurely brought without the dispute…

…The appeal before us is incompetent as having been filed without any legal basis and we accordingly order that it be and is hereby struck out. Those shall be the orders of this Court.…

…It is struck out with no orders as to costs. Orders accordingly. Dated and delivered at Nakuru this 28th day of August 1995 D.M RIMITA JUDGE…

…Yogesh Somaia’s affidavit in support of the respondent’s application for summary judgment offended against rules 3(1) and 6 of order XVIII and should have been struck out but the appellant’s advocate took this point too late…

…He further stated that the plaint did not disclose any cause of action, although he does not appear to have applied for the same to be struck out under order VI rule 13 of the Civil Procedure Rules.…

…Havi and then on 14/10/2011 the prayer on the register was struck out. Surely the court cannot know what goes on in counsels’ offices and relies only on what happens in court.…

…With regard to service on Mr Malakwen, in our view, this application is incompetent and must be struck out on the ground that at the time when the application was filed Mr Malakwen had not been served with the order which…

…He prayed for the charge at Shanzu Law Courts to be struck out.…