Case law
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Division and case type: CivilCivil Appeal
…A defendant who is served personally has an opportunity to put questions to and seek clarication from the Court Process Server about the summons.…
…It is not expecting too much of court process servers to try and try again to serve the defendant before embarking on the other means of service.…
Division and case type: Milimani Commercial CourtsCivil Case
…’s process The plaintiff filed a plaint, and simultaneously filed an injunction application on 23rd June 2003.…
…The 1st defendant in their supporting affidavit depone that, “….the plaintiff’s conduct amounts to an abuse of the court’s process; that the plaintiff’s conduct greatly prejudices the 1st defendant who is unable to exercise…
Division and case type: CivilCivil Case
…According to the return of service dated 25th August, 1983 one Frederick Kibuge an authorised court process server went, on 21st July, 1993, to serve the summons on the two defendants at their place of residence in Gachie…
…I would wish the registries to note that the court process servers fully comply with requirements of order V rules 12 and 14 before a judgment in default is entered.…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: CivilCivil Case
…No. 406 of 2001 deals with criminal prosecution and abuse of court process.…
…Elsewhere in the judgment (page 15) the judges had this to say: “A prosecution that is oppressive and vexatious is an abuse of court process.…
Division and case type: CivilCivil Appeal
…7 Are these proceedings an abuse of the court process and should they be struck out and (sic) on this ground alone. 8 Is the 1st interested party (Kenya Sugar Board) entitled to regulate the quota in law?…
…Issue No. 7: The proceedings were an abuse of court process since the grounds relied on in Misc. 646/04 are relitigated in Misc. 946/04.…
Division and case type: CivilCivil Case
…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.…
…The instant Application and Petition is an attempt to sanitize the Petitioner’s criminal and illegal activities, and is an abuse of the process of court as the Petitioner has approached court with unclean hands.…
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.…
…The instant Application and Petition is an attempt to sanitize the Petitioner’s criminal and illegal activities, and is an abuse of the process of court as the Petitioner has approached court with unclean hands.…
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.…
…The instant Application and Petition is an attempt to sanitize the Petitioner’s criminal and illegal activities, and is an abuse of the process of court as the Petitioner has approached court with unclean hands.…
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.…
…The instant Application and Petition is an attempt to sanitize the Petitioner’s criminal and illegal activities, and is an abuse of the process of court as the Petitioner has approached court with unclean hands.…
Division and case type: Milimani Commercial CourtsCivil Case
…More importantly there was already on the record an application by the Respondents dated 1st August 2006, seeking to strike out the suit on the grounds the same was frivolous, vexatious and otherwise an abuse of the Court…
…process.…
Division and case type: Milimani Commercial CourtsCivil Case
…More importantly there was already on the record an application by the Respondents dated 1st August 2006, seeking to strike out the suit on the grounds the same was frivolous, vexatious and otherwise an abuse of the Court…
…process.…
Division and case type: CivilCivil Case
…On the 16th December, 1986 a court process server by the name of Justus Eliud Okwatcho filed a return of service averring that on the 24th November, 1986 at 2 pm he served the summons and the plaint upon the 2nd defendant…
Division and case type: CivilCivil Appeal
…They are not protected as they would be if they were executing court process by virtue of section 6 of the Judicature Act Cap 8.…
Division and case type: CivilCivil Appeal
…He urged the Court to nd that the applicants are abusing the Court process, and acting in contempt of Court. 35.…
…He urged the Court to nd that the applicants are blatantly abusing Court process, and are acting in contempt of Court, with a sense of impunity. 62.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…For the appellant to purport to resurrect the issue three years after the determination of his appeal is a clear indication that the petition is frivolous and an abuse of the Court process.…
Division and case type: CivilCivil Appeal
…of the court.…
…of the Court.…
Division and case type: CivilCivil Appeal
…of court.…
…That refusal was viewed by the respondents as unreasonable and amounted to an abuse of the process of the court.…