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…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.…

…The application filed by the respondent was for striking out of the notice of appeal lodged by the present applicant on 28th May, 1992.…

…Kiage for the respondent opposed the application for adjournment and sought striking out of the present application on the ground that the same is premature and hence incompetent. Mr.…

…This is an application by the Company seeking the striking out of the petition to wind it up. The application also seeks other and or further relief or orders to be granted.…

…I would agree with Mr Raiji for the Petitione that there is no bona fide dispute here to warrant the striking out of the petition. The consent order reached in HCCC No 310 of 1990 had not been complied with.…

…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…

…RESPONDENT (Application for striking out a notice of appeal filed on 13th July, 1994 in an intended appeal from the judgment of the High Court of Kenya (Mr. Justice A.B.…

…NO. 1824 OF 1987) ************************* RULING OF THE COURT The respondent has taken out a Notice of Motion under rule 80 of the Court of Appeal Rules seeking an order striking out the appeal filed by the appellant on…

…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…

…RESPONDENT (Application for striking out of the Notice of Appeal in an intended appeal from a judgment of the High Court of Kenya at Nairobi (Pall, J.) dated 8th September, 1991 in H.C.C.C.…

…575 OF 1968) *********** RULING OF THE COURT The reference before us which has been brought under rule 54 of our Rules, is from the ruling dated 25th February, 1997, of Tunoi, JA sitting as a single Judge of this court, striking…

…out the applicant’s application for extension of time to file an appeal.…

…The striking out was on 17th January, 1997, and it was not until 2nd July, 1997, that the applicant filed the present application.…

…It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…

……………APPLICANT VERSUS SHAH……………………………..RESPONDENT RULING This is an application which has been brought seeking the review of this court’s order made on 1.12.89 striking out the plaint brought by the applicant on behalf of…

…The plaintiff has applied for striking out the said defence on the grounds that it was vexatious and otherwise an abuse of the process of the court.…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…Mwenesi, for the appellant, argued before us that the learned judge (Githinji J.) erred in striking out the defence and he propounded his argument on the basis that Order Vi rule 13(1) (a) of the Civil Procedure Rules does…

…Mr Barasa submitted on behalf of the appellants that the application had not been made formally, and that before taking the drastic step of striking out the appeal he should have had proper notice of the objection and time…

…Chacha for the Plaintiff argues that the objection ought to be rejected as the 2nd Defendant ought o have made a formal application since if the preliminary objection were to be upheld it would have the effect of striking…

…out the plaint.…

…Civil Practice and Procedure – pleadings – striking out of pleadings – application to strike out plaint for not disclosing a cause of action – whether a party who has not been served with plaint can make such application…

…This dismissal follows the striking out of the plaint leaving no sub-stratum for the application.…

…It was equally prayed that upon the striking out, judgment be entered for the plaintiff as prayed in the plaint. 2.…