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…Whether the 1st defendant had made out a case for striking out the suit. b. Who shall bear the costs of the application. F. Analysis and determination a.…

…As pointed out before, the plaintiff has not disputed the factual foundation of the application for striking out. The plaintiff has not disputed that it is no longer the owner of the suit properties.…

…The application proceeded to hearing in respect to prayers 4 and 5, seeking striking out of the petition and costs of the application. 5.…

…It was further submitted that the 9 th Respondent had not met the threshold for striking out of the petition.…

…That is what Section 6 of the Arbitration Act provides for and not the striking out of the suit.…

…The plaintiffs’ case was not that the prayers for stay and referral to arbitration constituted taking a step in the proceedings, but the prayer for striking out. 25.…

…In Kivanga Estates Limited v National Bank of Kenya Limited [2017] KECA 591 (KLR) the court held as follows: “Striking out a pleading, though draconian, the court will, in its discretion resort to it, where, for instance,…

…out of suits is that striking out should be done as a last resort in the plainest of the case where the case is hopeless and is not sustainable.”…

…Counsel submitted that the court issued an order striking out the present suit on 19th March, 2025, thereby disposing of the suit summarily for being time-barred. 3.…

…It was counsel’s submission that following the striking out of the suit, the plaintiff lacks any legal justification for the continued occupation of the parcels of land in dispute. 8.…

…For the above and other reasons, the 1st Respondent prays for the striking out of the petition with costs. The other Respondents did not file any submissions.…

…Finally, striking out of pleadings is a draconian move that derogates on the right to a fair hearing enshrined in the constitution. A court should rather sustain a suit than strike it out.…

…The striking out of pleadings including counterclaims is anchored in Order 2 Rule 15 (1) of the Civil Procedure Rules and this provision of law states as follows:- “(1) At any stage of the proceedings the court may order…

…Although striking out of pleadings is discretionary, the Court of Appeal decision of Kivanga Estates Limited v National Bank of Kenya Limited [2017] eKLR which I hereby adopt illuminates that the striking out of pleadings…

…Mwaiga had no root and was for striking out as an invalid document. o).…

…The Learned Counsel submitted that striking out pleadings was a draconian move as was stated in the case of: “D.…

…The present application arises from interlocutory proceedings that culminated in the striking out of the Plaintiff's suit.…

…The Applicant does not contend that the Defendant failed to serve his advocates with either the striking-out application or the hearing notice.…

…Striking Out Motion Dated 26/1/2025 7.…

…This court has however noted that the Replying Affidavit of the respondents was filed on 26th January 2025 and the application for striking out was filed on 30th January 2025, that is, 4 days apart.…

…Striking out a suit is a draconian step which must be used as a last resort. An act of striking out of pleadings by the court should therefore be exercised cautiously and with a lot of restraint.…

…The yardstick for striking out pleadings was settled in the celebrated case of D. T.…

…The test for striking out pleadings is as reiterated in the case of Kenyariri v Double Win Company Ltd and 2 others [2024] KEELC 1609 (KLR): “The Court’s jurisdiction to strike out pleadings is found under Order 2 Rule 15…

…It is trite that striking out pleadings is a drastic remedy that should only be resorted to where a pleading is a complete sham.…

…It is trite that striking out of pleadings is a draconian remedy that must only be resorted to in the clearest of cases.…

…If only to underscore the limited scope of striking out, I find it necessary to reproduce in extenso, the wise counsel of the Court of Appeal in the case of D.T.…

…Striking out of pleadings/suits is provided under Order 2 Rule 15 of the Civil Procedure Rules.…

…The striking out application dated 15th October 2024 was filed through Ms. J. M. Makau & Company Advocates for the 1st & 2nd respondents.…

…Although the applicants sought for the striking out of the suit on the basis that the plaintiff lacked the requisite capacity to proceed with this suit lacked jurisdiction, the sole reason for this prayer is the trial court…

…Unlike in this case where the defendants are seeking for striking out of the suit, in the Butali Succession Cause No.…

…On the law relating to the striking out of pleadings.…

…out of the suit; and iv. whether the proper remedy is joinder and/or substitution of parties rather than striking out. 12.…

…He faults the learned trial magistrate for striking out the plaint by considering the case as a purely legal issue. 17.…

…He further submits that striking out a pleading is a draconian remedy that should be applied with caution.…

…He faults the learned trial magistrate for striking out the plaint by considering the case as a purely legal issue. 17.…

…He further submits that striking out a pleading is a draconian remedy that should be applied with caution.…

…The provisions for striking out pleadings are found in Order 2 Rule 15 (1 to 3) of Civil Procedure Rules, 2010 provides as follows: (1) “At any stage of the proceedings the court may order to be struck out or amended any…

…Joseph Mboya Oguttu [2009] eKLR the Court of Appeal stated as follows: “The principles guiding the Court when considering such an application which seeks striking out of a pleading is now well settled. Madan J.A.…