Judgment
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Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…What she did for the reason she gave and with which we have some misgivings was to strike it out for being merely defective.…
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
…particularly grounds 5 an 6 of the proposed memorandum of appeal which state: “It was wrong in principle to have set aside the dismissal when a fresh action was already barred by limitation, and the policy of the Courts, being to strike…
Division and case type: CivilCivil Suit
…This gave rise to this application by which the plaintiff seeks to strike out the defence on the grounds specified.…
Division and case type: CivilCivil Appeal
…I would set aside the judgment and orders of the High Court and strike out the proceedings as incompetent. I would grant the costs of the appeal to the appellant.…
Division and case type: Constitutional and Human RightsElection Petition
…(xxv) THAT in any event the purpose of scrutiny of votes is to strike off votes as stipulated by Section 81 (2) and since no particulars have been specifically given in the Petition as well as evidence touching on this presented…
…(ix) THAT since Applicant has not stated his postal address in the said Affidavit as mandatorily required in Order 19 Rule 4 of the Civil Procedure Rules, 2010 we urge this Honourable Court to strike out the said Affidavit…
Division and case type: Constitutional and Human RightsElection Petition
…(xxv) THAT in any event the purpose of scrutiny of votes is to strike off votes as stipulated by Section 81 (2) and since no particulars have been specifically given in the Petition as well as evidence touching on this presented…
…(ix) THAT since Applicant has not stated his postal address in the said Affidavit as mandatorily required in Order 19 Rule 4 of the Civil Procedure Rules, 2010 we urge this Honourable Court to strike out the said Affidavit…
Division and case type: CivilCivil Suit
…plaintiffs then filed an application vide order 6 rule 13(l) a,b,c and d and order 35 rule 1(a) and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act seeking orders that this honourable court be pleased to strike…