Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…would not suffer any prejudice if the suit proceeds. 5) It is in the interests of fairness and Justice that this application be dismissed and that the Defendnats be at liberty to prosecute their application to have the suit struck…
…out. 6) The Applicants do not have an arguable appeal.…
Division and case type: Milimani Commercial CourtsCivil Case
…would not suffer any prejudice if the suit proceeds. 5) It is in the interests of fairness and Justice that this application be dismissed and that the Defendnats be at liberty to prosecute their application to have the suit struck…
…out. 6) The Applicants do not have an arguable appeal.…
Division and case type: CivilCivil Appeal
…been held, repeatedly, by this court that failure to include the formally drawn up decree or order embodying the decision of the court appealed form, is a matter going to jurisdiction and must result in the appeal being struck…
…out – see in particular JASWANTRAI AGGARWAL & ORS v LEKHRAJ AGGARWAL, Civil Appeal 3 of 1981.…
Division and case type: CivilCivil Appeal
…Abdulshakoor Khandwalla be struck out on the ground that no appeal lies to the Court of Appeal from the ruling and orders of the superior court (Maraga J) dated 11th June, 2004.…
…This Court in an unanimous decision, upheld the Preliminary Objection and struck out the appeal as incompetent.…
Division and case type: CivilCivil Appeal
…Rule 39(b) of the Rules of this Court provides that where an application for leave to appeal has in the first instance to be made to the superior court, it must first be considered and refused as opposed to being struck out…
Division and case type: CivilCivil Suit
…It is my finding that the applicant has no locus standi to bring this application and it is hereby struck out. Each party to meet their own costs.…
Division and case type: Constitutional and Human RightsElection Petition
…aver and affirm that the Applicant vide a Notice of Motion application dated the 9th day of October, 2017 and filed in court on the even date and his Reply to the 1st, 2nd, and 3rd Responses to Petition which were both struck…
…out by this Honourable Court on the 3rd day of November, 2017, the Applicant had unsuccessfully sought to introduce in the Petition herewith Kizingitini Dispensary listed as number I, Kiangwe listed as number V, Bahari Primary…
Division and case type: Constitutional and Human RightsElection Petition
…aver and affirm that the Applicant vide a Notice of Motion application dated the 9th day of October, 2017 and filed in court on the even date and his Reply to the 1st, 2nd, and 3rd Responses to Petition which were both struck…
…out by this Honourable Court on the 3rd day of November, 2017, the Applicant had unsuccessfully sought to introduce in the Petition herewith Kizingitini Dispensary listed as number I, Kiangwe listed as number V, Bahari Primary…