Case law
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Division and case type: CivilCivil Case
….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…
Division and case type: Milimani Commercial CourtsCivil Case
….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: Milimani Commercial CourtsCivil Case
…Defendants Advocates on 14.03.2007. 2) Unknown to the Plaintiffs and while the show cause proceedings were going on before this Court, the Defendants on 03.08.2006 filed a Chamber Summons Application dated 01.08.2006 to strike…
…Kopere contends that as the “show cause” proceedings against the 1st Defendant were going on, the Defendants filed an application on 3rd August, 2006 seeking to strike out the entire suit.…
Division and case type: Milimani Commercial CourtsCivil Case
…Defendants Advocates on 14.03.2007. 2) Unknown to the Plaintiffs and while the show cause proceedings were going on before this Court, the Defendants on 03.08.2006 filed a Chamber Summons Application dated 01.08.2006 to strike…
…Kopere contends that as the “show cause” proceedings against the 1st Defendant were going on, the Defendants filed an application on 3rd August, 2006 seeking to strike out the entire suit.…
Division and case type: CivilCivil Appeal
…She had also applied in CMCC Number 817 of 2006 to strike out the plaint in that suit for being an abuse of the process of court as the Appellant had after filing that suit, as it were, ignored it and repossessed the vehicle…
…The Appellant’s plaint in CMCC Number 817 of 2006 was strike out and he was ordered to return the vehicle to the Respondent. This appeal is against the ruling allowing those applications.…
Division and case type: CivilCivil Case
…In their submissions both advocates referred to the provision of section 10 sub-section 4 of the Act (cap 405) in asking the court to strike out or not to strike out the defence, though the application is of course grounded…
…From all the reasons I have considered, I am in agreement with Kiania Njau, for the applicant that the defence herein “discloses no defence”, and I hereby proceed to strike it out, and award the costs of the application and…
Division and case type: Constitutional and Human RightsPetition
…The Respondent Petitioner opposes the application to strike out the Petition. The Kshs 7 million was to be repaid by fourteen semi annual instalments of Kshs 0.5 million payable on 30.6 and 31.12 in each yea.…
…Accordingly I agree with the petitioner that since the alleged dispute is not based on any substantial ground and it is not bona fide, I decline to strike out the petition and the company’s application for that purpose is…
Division and case type: Constitutional and Human RightsPetition
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
…It was common ground that after my dismissal of the application to remove the petition from the proceedings or stay or strike out the same, the company came along and paid the entire principal amount owed to the petitioner…
Division and case type: Milimani Commercial CourtsCivil Suit
…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…
…For that reason, I decline to strike out the Plaintiff’s/Respondent’s suit subject to the Respondent paying thrown away costs to the Applicant within 14 days from date herein assessed at Kshs.30,000/- Dated at Nairobi this…
Division and case type: Milimani Commercial CourtsCivil Case
…This is an application to strike out the defence filed by the defendant in this matter and for judgment to be entered in favour of the plaintiff against the defendant as prayed in the plaint.…
Division and case type: Constitutional and Human RightsElection Petition
…In this motion the court is asked to strike off the petition for alleged failure of personal service.…
…I find no prejudice is suffered by him to enable the Court to strike off the petition.…
Division and case type: CivilCivil Suit
…I strike out the suit and award costs thereof to the 1st to 10th defendants. DATED, SIGNED & DELIVERED at Nakuru this 17th day of December, 2004. DANIEL MUSINGA AG. JUDGE 17/12/2004…
Division and case type: CivilCivil Suit
…The plaintiff may now set down his application for an order to strike out the defence for hearing. Dated and Delivered at NAIROBI this 6th Day of September, 1988 G.S. PALL …………. JUDGE…
Division and case type: CivilMiscellaneous Application
…Mr Mwenesi has forcefully argued that the Court cannot dismiss social issues from our legal conscience by adhering to a strict and technical interpretation of statutes and that it must strike down a law which is found inimical…
…I cannot strike down or disregard the express provisions of s 9 of the Act.…
Division and case type: Milimani Commercial CourtsCivil Case
…For the above reasons, I am persuaded that the Plaintiff as appearing in this case is not the proper Plaintiff, and that the application to strike out the case should succeed.…
Division and case type: CivilCivil Case
…Consequently, I strike out the name of the second defendant from the consolidated suits with costs to the second defendant. Dated and delivered at Nairobi this 11th day of December 1995 . E. M GITHINJI JUDGE…
Division and case type: CivilMiscellaneous Application
…For want of jurisdiction, I decline to grant leave sought and proceed to strike out the chamber summons dated 20th December, 2025. 7. This le is closed.…
Division and case type: Milimani Commercial CourtsCivil Case
…For the above reasons, I am persuaded that the Plaintiff as appearing in this case is not the proper Plaintiff, and that the application to strike out the case should succeed.…