Search court decisions

…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.…

…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.…

…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.…

…The plaintiffs moved the court through the application dated 5th March 2025, seeking for among others, the varying and ultimately setting aside the orders of 29th January 2025 striking out the plaintiffs’ suit on grounds…

…Whether the court is with jurisdiction to hear and determine the application to set aside the striking out order for failure to comply with the mediation process. b.…

…out in terms of Order 4 Rule 6 of the Civil Procedure Rules, 2010. b) That in so far as the Plaintiff's suit is commenced by way of an Originating Summons as Amended, the same is incompetent and fit for striking out in limine…

…As a result, the suit was fit for striking out in terms of the provision of Order 4 Rule 6 of the Civil Procedure Rules, 2010.…

…I intend to deal with the defendants’ application for striking out because if it is allowed, it will settle the plaintiff application for temporary injunction.…

…Order 2 Rule 15 of the Civil Procedure Rules provides for applications for instances for striking out pleadings. In the case Luseno & Another (Suing as the Administrators of the Estate of Dorcas A.…

…First, it was contended that the court had not jurisdiction to entertain the appeal. second, that the striking out order made by the trial court was a negative order not capable of being stayed.…

…It is apparent that the impugned order of the trial court was an order merely striking out the appellant’s suit and application. The trial court did not make any positive order capable of being executed or stayed.…

…That effectively means the issues herein are res judicata HCCC No. 57 of 2016, and without much ado, this suit is for striking out. b.…

…Having found merit in the striking out prayer, I do not find any need to pronounce myself on the stay of proceedings prayer and the plaintiff’s chamber summons as they all fall by the way. c.…

…Defendant’s application for striking out 5.…

…The court is of the view that the main questions for determination herein are as follows; a) Whether the defendant has made out a case for striking out the suit. b) Who shall bear costs of the application. F.…

…It follows therefore that the defendant’s notice of motion dated 21st February 2025 in respect of discharging or setting aside the injunction order issued, and striking out the plaintiffs’ application is resolved by declining…

…On the defendant’s prayer (4) for striking out the suit for being res judicata, the court is of the view that an order directing the striking out of all averments and prayers touching on ownership and possession of land parcel…

…That when the learned counsel for the respondent made her oral submissions she only sought for the release of the decretal sum, without pressing for the striking out of the memorandum of appeal.…

…I will therefore take it that the respondent had abandoned the prayer for striking out the memorandum of appeal, and it is noteworthy that counsel acknowledged that the record of appeal has since been filed, and served upon…

…out of the Reply to the 3rd Defendant’s Amended Defence and Defence to Counterclaim dated 12th February 2024. d) THAT the Plaintiff extract the summons for 2nd defendant and be served in accordance with Order 5 of the Civil…

…Furthermore, striking out of pleadings has been rendered as a draconian and drastic solution that ought to only be entertained in the hopeless cases which is not the case here. See Blue Shield Insurance Co.…

…Mr Kimatta also argued that the learned single judge only dealt with matters which preceded the striking out of the appeal and not what steps the applicant took thereafter to perfect his appeal.…

…great respect to the learned single judge, we conclude without any hesitation, after taking into consideration all the facts of the matter before us, that the learned single judge did not consider all the facts post the striking…

…The striking out prayer sought in the defendant’s application dated 2nd December 2024, if granted would determine this suit and application thereof, and there would be no need to consider the plaintiff’s notice of motion…

…out pleadings.…

…It is the exparte applicant’s case inter alia that the interested party lacks locus standi to apply for striking out of the amended notice of motion or any pleadings, as was held in the case of Trusted Society of Human Rights…

…Instead, in such instances the Court should rise to its highest calling to do justice by sparing the parties the draconian approach of striking out pleadings.…

…As the Court of Appeal stated in Blue Shield Insurance Company Ltd –vs- Joseph Mboya Oguttu (2009) eKLR: “The principles guiding the Court when considering such an application which seeks striking out of a pleading are now…

…Dobie and Company (Kenya) Ltd vs Muchina (1982) KLR 1 discussed the issue at length and although what was before him was an application under Order 6 rule 13 (1) which was seeking striking out of a plaint on grounds that…

…That striking out the suit herein is a drastic and draconian way of determining the matter especially since it is part-heard and has a date for hearing; 5.…

…out a defence.…

…motion dated 05.02.2025 based upon Sections 1A, 1B and 3A of the Civil Procedure Act (Cap 21) Order 24(4) and Order 51 Rule 1 of the Civil Procedure Rules and any other enabling provision of law the plaintiff sought an order striking…

…out the defence and all pleadings filed by the defendant on the basis that one of the defendant’s directors Abdulkarim Saleh Muhsin (Muhsin) was adjudged bankrupt on 01.07.2019 hence it constituted a criminal offence for…

…Nevertheless, there is an order by this court striking out the applicants’ adverse possession claim over the suit properties, which has the effect of finality, as it has not been reviewed, and or successfully appealed against…

…Vide the said ruling of 21st April 2022, upholding the respondent’s application dated the 5th February 2021, the court rendered itself by striking out the applicants’ originating summons on finding that the suit properties…