Case law
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Division and case type: Constitutional and Human RightsElection Petition
…That the petition herein be struck out on the ground that the same was not personally served on the first respondent within 28 days after the date of publication of the result of Parliamentary Election in the Gazette on 3…
…I also note that the Act and the rules do not provide for the consequences arising for the non compliance with the provisions and therefore there is no right to have the petition struck out.…
Division and case type: CivilCivil Suit
…When the same were not forthcoming he applied to court to have the defendants compelled to furnish them or in the alternative to have the defence struck out.…
…The defendants did not oppose that application with the result that the court struck out the defence and subsequently judgment was entered for the plaintiff as prayed in the plaint and a decree followed.…
Division and case type: CivilCivil 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.…
Division and case type: CivilCivil Appeal
…The appellant filed a defence but the respondent immediately moved the High Court under order 6 rule 13 of the Civil Procedure (Revised) Rules for that defence to be struck out on the grounds that it disclosed no reasonable…
…The High Court (Wambilyangah, J) obliged the respondent and struck out the defence.…
Division and case type: CivilCivil Suit
…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.…
Division and case type: CivilCivil Appeal
…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 ………………..…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCase number Civil Application
…Thus under Rule 80 of the Court of Appeal Rules the appeal may be struck out. In accordance with our usual practice both applications were heard together, the application for leave to extend time being heard first.…
Division and case type: CivilCivil Suit
…Consequently the plaint filed in this court and Chamber Summons dated the 12th May 2003 amounts to abuse of the process of court and are hereby struck out under Order VI Rule 13(1) (d) of the Civil Procedure Rules.…
Division and case type: CivilCivil Case
…material events set out in the defendant’s own affidavit as adumberated above, this is a case where the defendant is grossly guilty of abusing the process of Court, the defence is one which is absolutely vexatious and must be struck…
…out under the Civil Procedure Rules order VI rule 6.…
Division and case type: CivilCivil Suit
…out of the register and the register rectified.…
…They had struck it out from the very beginning.” This is different from making another entry recording a lawful transfer by a court order after first registration. The first registration is not struck out.…
Division and case type: CivilCivil Case
…The application filed in court on 20th November, 1989, is incompetent and is accordingly struck out. I order that suit proceed to hearing. Dated and Delivered at Mombasa this 22nd Day of November, 1989 S.E.O.…
Division and case type: CivilCivil Case
…It is struck out. Costs to the respondents assessed at Kshs 1,000/=. Orders accordingly. Dated and Delivered at Mombasa this 8th Day of June, 1989 S.E.O BOSIRE ……........……. JUDGE…
Division and case type: CivilCivil Appeal
…the proceedings, either upon or without the application of either party, and on such terms as may appear to the court to be just, order that the name of any party improperly joined, whether as plaintiff or defendant, be struck…
…out, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate…
Division and case type: CivilCivil Case
…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…
Division and case type: CriminalCriminal Case
…He prayed for the charge at Shanzu Law Courts to be struck out.…
Division and case type: Constitutional and Human RightsJudicial Review
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
Division and case type: CivilCivil Appeal
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
Division and case type: CivilCivil Appeal
…The defendants applied for the writ to be struck out and the ship released from arrest, on the ground that the plaintis’ claim did not lie within the jurisdiction of the Admiralty Court.…