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….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…

…We are therefore satisfied that Messrs J K Mulwa & Co were aware of this application to strike out.…

…already aware thereof, must know that the notice of hearing embraces not only the appeal, but the application to strike out which of its nature, will precede the hearing of the appeal on the day of the hearing.…

….............................................PLAINTIFF VERSUS NAIROBI CITY COMMISSION...........................................................DEFENDANT RULING This matter originally came before me on an application to strike…

…REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT MOMBASA Civil Appeal (Appli) 164 of 2005 ABDULSHAKOOR KHANDWALLA…………APPLICANT/RESPONDENT AND EAST AFRICAN BUILDING SOCIETY……..RESPONDENT/APPELLANT (Application to strike…

…In support of the application to strike out the appeal, Miss Tasneem Kasmani – Moolvaj, learned counsel for the applicant, submitted, among other things, that the decision of the High Court is final and no appeal lies from…

…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.…

…Before coming to his decision to strike out the application, however, Omolo, JA had expressed the view, which was obiter, that if he had been properly seized with the application, which he knew he was not, he would have dismissed…

…making it the ratio decidendi of their decision , and it seems that, it too, could not help it, went on also to comment that if only the application had been competent, Omolo, JA would have dismissed it on merits rather than strike…

…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…

…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…

…This much is clear from the affidavit in support of the application to strike out the notice of appeal which was filed by the defendant (the present respondent) against Nyarangi, J’s judgment on July 22, 1980.…

…This was followed up by several reminders, copies of which are exhibited to the affidavit of Mr Githuka (who now represents the respondent) filed in response to the application to strike out.…

…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.…

…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.…

…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.…

…VIRDI T/A JASWINDER SINGH ENTERPRISES......................... 3RD RESPONDENT (Application to strike out the record of appeal lodged on 9th September 1997 from the ruling of the High Court of Kenya at Nairobi (Mr Justice…

…In this application which is expressed to be brought under rule 80 of the rules of this court and section 5(d) of the Court of Appeal Rules (but we think the Appellate Jurisdiction Act was intended) he asks this court to strike…

…Rule 80 lays down that a person on whom a notice of appeal has been served may at any time, either before or after the institution of the appeal, apply to the court to strike out the notice or the appeal, as the case may…

…The respondent not having been served with notice of appeal, he could not have moved the court to strike the appeal under rule 80.…

…An application to strike out the petition as being incompetent, was dismissed by the Election Court and a Notice of Appeal against this dismissal was filed in this Court.…

…On the instructions of Mr Matiba, the appellant who was acting for him in his election petition, unsuccessfully moved this Court in Misc Application No 241 of 1993, to strike out the Notice of Appeal.…

…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…

…NO. 1058 OF 1995) *************** ORDER OF THE COURT This is an application under rule 80 of the Rules of this Court to strike out the Notice of appeal filed on 26th May, 1995 and appeal filed on 6th October, 1995 on the…

…It is deponed that the applicants staged a strike in the college, incited other students to join the unlawful strike and so undermined the college authority.…

…And that on the same date, the applicants staged an unlawful strike and that as a result the terminal examinations for the first and second year students had to be postponed.…

…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…

…NO. 3499 OF 1992 ************************* RULING OF THE COURT This is an application under rule 80 of the court of Appeal Rules by which the respondents seek to strike out the appeal on the ground that the record of appeal…