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…In the application dated 9th March 2023, the Appellant seeks review of the order of this court dated 17th January 2023 striking out the appeal.…

…Being aggrieved by the order striking out the suit, the Appellant filed the Notice of Motion dated 19th April 2020 seeking to review the order of 29th May 2022.…

…out arising. 8.…

…Such suit should be transferred to the proper place, rather than have it struck out. Striking out is punitive and drastic.…

…By application dated 08th December 2025, Joyce Kerebi Moturi, the Applicant/Respondent seeks the striking out the Memorandum of Appeal dated 24th November 2025 and filed on 26th November 2025 on grounds that the same was…

…In the present matter, striking out the appeal on account of delay would amount to shutting out the Appellant from ventilating arguable grievances on merit, yet no prejudice has been demonstrated by the Applicant.…

…The 2nd Respondent submitted that the sole issue is whether the Trial Court properly exercised its discretion in striking it out as an unnecessary party. 15.…

…Striking Out the 2nd Respondent 21.…

…The applicant withdrew a prayer for the striking out of the suit on ground of it being scandalous, frivolous or vexatious.…

…out of this suit.…

…In response to the Application, the Defendant/Respondent has filed Grounds of Opposition on the grounds that; a) The Plaintiff's application does not meet the threshold for striking out a Defence under Order 2 Rule 15 of…

…Such matters cannot be summarily determined through striking out. e) The application seeks to prematurely terminate the Defendant’s right to present its case and defend itself against the claims made.…

…The plaintiffs pray for the striking out the defendants’ statement of defence dated 9th October 2025 and filed on 13th October 2025. 2.…

…Kimathi indicated that no prejudice has been demonstrated by the plaintiffs, and that no default judgment has been entered to justify the striking out of the defence. 7.…

…Whether the order of the learned Honourable Magistrate striking out the defence served to further the course of Justice. ANALYSIS.…

…The basic principle in striking out proceedings is that it is a very drastic remedy and Courts must resort to it in the clearest of cases.…

…Laban Idiah Nyamache (2011) eKLR Kisii, HCCA No. 141 of 2009 where the High Court held that striking out a defence was such a drastic remedy that required good reasons before it could be effected.…

…Courts have taken the position that striking out of pleadings involves exercise of discretion which should be exercised sparingly and only in the clearest of cases.…

…Laban Idiah Nyamache (2011) eKLR Kisii, HCCA No. 141 of 2009 where the High Court held that striking out a defence was such a drastic remedy that required good reasons before it could be effected.…

…Courts have taken the position that striking out of pleadings involves exercise of discretion which should be exercised sparingly and only in the clearest of cases.…

…It is trite law that the remedy of striking out is a discretionary one that the court should use sparingly.…

…In the case of Equatorial Commercial Bank Ltd v Jodam Engineering Works Limited & 2 others [2014] KEHC 6204 (KLR), it held that: “It cannot be gainsaid that striking out of pleadings should be done sparingly.” 7.…

…On striking out the 1st Defendant, the Appellants argued he was the “actual tortfeasor,” and that he was therefore a necessary party to the proceedings.…

…Whether striking out the 1st Defendant was proper 24. The Appellants maintained that the 1st Respondent was a necessary party as tortfeasor.…

…Meanwhile, as there was stay orders of the Court of Appeal as aforesaid, this matter could not progress further after the judgment was rendered striking out the mandamus application.…

…I allow the application for review of the judgment rendered on 14/10/2021 by Ngaah J, striking out the applicant’s substantive mandamus Notice of Motion dated 9/3/2021.…

…out the petition dated 24th October 2024 and direct that the application and petition be heard on merit. c) Pending the inter partes hearing and determination of this petition, this honourable court will be pleased to issue…

…The application was premised on the following grounds: a) The Court delivered its ruling on the 7th April 2025, striking out the petition dated 25th October 2024 filed by the applicant herein and the preliminary objection…

…out the appellant’s statement of defence which raised serious triable issues including points of law. e. striking out the appellant’s statement of defence before the appellant had filed a witness statement and list of documents…

…I am well guided by the authorities cited above on the principles applicable to an application for striking out a pleading and entry of judgment.…

…In the application dated 6th March 2024, the 2nd Defendant seeks an order striking out the suit against it for allegedly failing to disclose any cause of action.…

…The issues for determination are whether the 2nd Defendant’s applications disclose any merit warranting the striking out or dismissal of the suit. Application dated 6th March 2024 10.…

…Whether the plaintiff has made out a case for striking out the defence ii. Whether the 2nd and 3rd defendant should be struck out from the suit. 12.…

…The circumspection with which a Court must act in striking out a pleading was also emphasized in The Co-Operative Merchant Bank Ltd. v George Fredrick Wekesa (Civil Appeal No. 54 of 1999).…

…out of pleadings.…

…At the outset, the Court notes that the striking out of a defence is a matter of discretion which must be exercised judiciously and not on a whim.…

…The plaintiff is seeking orders for inter alia, striking out of the defendants/respondents’ defence & counter-claim dated 9th September 2022 for offering no defence in law, and for being scandalous, frivolous, and an abuse…

…Wathuta, learned Counsel for the plaintiff cited the provisions of Order 2 Rule 15 of the Civil Procedure Rules, 2010 which provides for striking out of pleadings and the case of Giciem Construction Company v Amalgamated…