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…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.…

…The application canvassed before the learned single judge had been necessitated by the fact that the applicant’s appeal had been struck out by this Court on 21st February, 2001 on the ground that it was lodged one day out…

…Nakuru Civil Appeal No 156 of 1999 was struck out on 21st February, 2001 for being out of time. The applicant lodged this application a week later on 28th February, 2001.…

…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.…

…The appeal is ordered to be struck out as incompetent, with costs to the respondent. Order accordingly. Dated at Nakuru this 5th day of October, 1983. C B MADAN ………………. JUDGE OF APPEAL A A KNELLER ………………..…

…On the 27th February, 1990, the appellant filed a chamber summons under order VI rule 13(1)(a) of the Civil Procedure Rules praying for an order that: “The respondent/plaintiff’s suit be struck out as it discloses no reasonable…

…In those circumstances, the judge ought to have allowed the appellant’s chamber summons and struck out the plaint as disclosing no cause of action.…

…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.…

…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…

…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.…

…It is struck out with no orders as to costs. Orders accordingly. Dated and delivered at Nakuru this 28th day of August 1995 D.M RIMITA JUDGE…

…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…

…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…