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…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…He also stated that the petition should be struck out as it had been advertised before a lapse of seven days for service.…

…He argued that in the current case the company having been only given 7 days notice, the petition was incompetent and should be struck out.…

…The Plaintiff being dissatisfied with the particulars filed an application seeking to have the Defendant’s pleadings struck out. The Defendant’s Advocate did not appear for the hearing of the application.…

…bound by the conduct of his legal representatives; and that, accordingly, since the conduct of the defendant’s representatives could not excuse the failure to comply with the unless order the pleading had property been struck…

…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…

…I struck out the defence but as the action was somewhat unusual I refused to give judgment, but directed that the case be set down for Formal Proof.…

…It can serve no other purpose but should be struck out.…

…The principle does bind this Court here and the result is that this petition is struck out.…

…So the prayers which were left were, firstly that the suit be struck out for being an abuse of the process of the court and for want of prosecution. An application under O.…

…An issue was raised by plaintiff to the effect that the application did not particularize which pleadings should be struck out. Considering what I have already stated consideration of this issue is not necessary.…

…The order sought on behalf of the 2nd respondent reads as follows: “THAT the petition be struck out or dismissed for the petitioner having failed to effect any or any valid service of the notice of the presentation of the…

…The High Court has held in the past that a party may be struck out from the petition and the petitioner may proceed against the remaining parties. - see Election petition No.1 of 1994 Maj.…

…The suit is therefore liable to be struck out. The only issue in dispute is what order for costs should be made. The Plaintiff says that it is not his fault that the suit has now become spent.…

…This suit be and is hereby struck out. 2. Each party to bear its own costs of the suit. DATED AT NAIROBI THIS 17TH DAY OF DECEMBER, 2007 H. P. G. WAWERU J U D G E DELIVERED THIS 20TH DAY OF DECEMBER, 2007…

…As the respondent failed to repay the capital and the agreed profits, the applicant filed this suit for accounts and seeks the defence to be struck out and for the judgment to be entered as prayed.…

…Owino for the applicant submits that the defence of denial of the agreement is a mere sham and should be struck out.…

…Following an application by the plaintiff the defendants defence was struck out on December 13, 1985 on the ground that it did not disclose any reasonable defence, was frivolous, vexatious and an abuse of the process of court…

…However, on its defence being struck out, the plaintiff’s case stood unchallenged and the defendant must be deemed to have acted unlawfully in canceling the allocation and purporting to repossess the plot.…

…That the plaint herein dated 20th June, 2007 and filed in court on the same day be struck out. 2. That the cost of this application and of the suit be borne by the Plaintiff.…

…The plaint dated 20th June, 2007, and filed in court on the same day is accordingly hereby struck out as prayed, with costs of the application and of the suit to be paid by the Plaintiff. Orders accordingly.…

…That the plaint herein dated 20th June, 2007 and filed in court on the same day be struck out. 2. That the cost of this application and of the suit be borne by the Plaintiff.…

…The plaint dated 20th June, 2007, and filed in court on the same day is accordingly hereby struck out as prayed, with costs of the application and of the suit to be paid by the Plaintiff. Orders accordingly.…

…By a Notice of motion dated 21/11/2019, the plaintiff/applicant prayed that the statement of defence filed by the three defendants be struck out on account that it grounded on the allegations that the plaintiff was not a…

…it out. 8.…

…suit is bad in that the same is incompetent and misconceived, frivolous and vexatious and is an abuse of the due process of the court merely meant to embarrass and/or scandalise the defendant unreasonably and should be struck…

…out from record. 4.…

…The court held that such an affidavit is incurable and it should be struck out.…

…Either to strike it out or to save and whether struck out or saved, the authority for striking out or saving it.…

…The 2nd defendant on the other hand has filed an application under order VI rule 13 of the Civil Procedure Rules for the plaintiffs suit to be struck out on the grounds that it discloses no reasonable cause of action against…

…That suit was struck out and dismissed with costs on 10th June, 1987.…

…Accordingly the petition should be dismissed / struck out on this ground.…

…The petition was however struck out on the basis above stated.…

…court, the counsel for the plaintiff/applicant said that on the date in question he appears to be untruthful because it was Trainor, J. who ordered the plaintiff/applicant’s application filed in this court on 13.11.84 to be struck…

…out on 8.1.185 for the non called out for a second time at 12.30 p.m.…

…The plaintiff, who is the applicant, moved the court by chamber summons grounded on Order VI Rule 13 of the Civil Procedure Rules, seeking orders that the defence filed herein be struck out, and costs of the application be…

…That if there was a declaration, then the defence filed in this suit would have been credible, but as it is, it has no merit and should be struck out.…