Case law
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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: CivilCase number Civil Application
…In the second, Rajnikant Joshi seeks to strike out the notice of appeal because a step has not been taken, namely, to lodge the record of appeal within time.…
…As a result, the application to strike out the appeal has been overreached. The applicant must pay the costs of both applications.…
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 Case
…I therefore allow the application dated 30/5/2012 and strike out the application dated 16/5/2012. The proceedings that arose during the year 2012 in which Mr.…
Division and case type: CivilCivil Case
…I accordingly strike out the defence filed by the 1st Defendant, and now enter summary judgment fro the Plaintiffs against the 1st Defendant as prayed in the plaint.…
Division and case type: CriminalCriminal Case
…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…
…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…
Division and case type: CriminalCriminal Case
…The deceased came out of the house carrying a hoe (Hoe/axe) intending to strike Sebastian. Mwakalamu saw it and caught the deceased. He wrestled the Hoe away from him and went to hide it away.…
…I believe on that evidence, as the assessors did, that the deceased younger man had taken a Hoe/axe with which he intended to strike his old father before Mwakalamu intervened and snatched itaway.…
Division and case type: CivilCivil Appli
…Gikandisays I should strike it out, but, it would appear now that therigidity of those pronouncements in the quoted cases here havebeen ameliorated by the Court of Appeal in recent decision inthe East African Packaging Industries…
…I would decline to strike theparagraphs leave alone the whole affidavit off as Mr. Gikandi has urged. The last and , more important issue is whether theapplicant has made a case for stay.…
Division and case type: CriminalCriminal Appeal
…this part of the case it is evident that the complainant’s failure to identify the appellant by name was omitted from consideration all together and was not weighted on the scales presumably because this omission did not strike…
Division and case type: CivilCivil Case
…The growing practice of advocates swearing affidavits on behalf of their clients must cease forthwith and in an appropriate case this Court will not hesitate to strike out such affidavits, particularly if an objection is…
Division and case type: Constitutional and Human RightsConstitutional Petition
…Objection raised by the Respondents which I uphold with costs to the 3rd and 4th Respondents only. (13) However, since the Petition was filed before the Environment and Land Court was operationalized, I do not propose to strike…
Division and case type: CivilCivil Suit
…You strike it out by way of rectification, and the court has therefore declared that it ought never to have been entered at all. They had struck it out from the very beginning.”…