Case law
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Division and case type: CivilCivil Appeal
…Justice Rauf struck out the plaint in the superior court whilst holding that the plaint did not set out important averments relating to alleged inducing of breach of contract.…
…The appeal filed against the ruling of the learned judge ordering dismissal of the suit but deferring such dismissal until the application for amendment was heard has already been struck out as that appeal was filed without…
Division and case type: CivilCivil Appeal
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
…out or amend any pleading on the ground that: “(a) it discloses no reasonable cause of action or defence”.…
Division and case type: Milimani Commercial CourtsCivil Suit
…The application is vexatious and a blatant abuse of the due process of the honourable court and ought to be struck out.…
Division and case type: CivilCivil Appeal
…At best, it was merely meant to gain time for the defendants and I see no reason for failing to order that the said defence be struck out as disclosing no reasonable defence. It is so ordered.…
…This Court having now struck out the defences filed by the defendants (respondents) in P.M. C.C. No 14/91, it follows therefore that the plaintiff’s claim against them stands.…
Division and case type: CivilCivil Appeal
…When the appeal came up for hearing on the 13th day of November, 1997, this time with the supplementary record, the court struck the same out as the appeal was not filed in time as extended by Muli J.A; it was not possible…
…Even this application was filed within two days after the appeal was struck out. I see no tardiness on the part of the applicant. Counsel erred genuinely as I have pointed out. The authorities cited by Dr.…
Division and case type: CivilCivil Case
…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…
Division and case type: Environment and LandLand Case
…The superior court (Commissioner Gacheche) struck out the plaint and entered summary judgment against the applicant in the sum of Shs. 11,800,000/-.…
Division and case type: CivilCivil Appeal
…Mr Oraro said he had a simple legal answer to the objections of Mr Ombaka and he referred to Orders VI rule 13 (1) of the Civil Procedure Rules which reads: “At any stage of the proceedings the court may order to be struck…
…out or amend any pleading on the ground that: “(a) it discloses no reasonable cause of action or defence”.…
Division and case type: CriminalCriminal Appeal
…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.…
Division and case type: Constitutional and Human RightsPetition
…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.…
Division and case type: CivilCivil Suit
…out of the register and the register rectified.…
…They had struck it out from the very beginning.” This is different from making another entry recording a lawful transfer by a court order after first registration. The first registration is not struck out.…
Division and case type: CivilCivil Case
…The application filed in court on 20th November, 1989, is incompetent and is accordingly struck out. I order that suit proceed to hearing. Dated and Delivered at Mombasa this 22nd Day of November, 1989 S.E.O.…
Division and case type: CriminalCriminal Case
…In the premises, the application of the applicants is premature and is hereby struck out as it is not ripe for revision.…
Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Case
…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.…
Division and case type: CivilCivil Case
…It is struck out. Costs to the respondents assessed at Kshs 1,000/=. Orders accordingly. Dated and Delivered at Mombasa this 8th Day of June, 1989 S.E.O BOSIRE ……........……. JUDGE…
Division and case type: CivilCivil Appeal
…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 .....................................…
Division and case type: CivilMiscellaneous Application
…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.…
Division and case type: CivilMiscellaneous Application
…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.…