Case law
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Division and case type: Environment and Land CourtPetition
…From the materials placed before me, the issues I frame for the determination of this Court are whether this petition meets the threshold of a constitutional petition, whether the petition is an abuse of the Court process…
…Onyiego J. dismissed the application on 11th June 2021 as representing abuse of the court process since Thande J. had already dealt with and rejected a similar appeal. 23.…
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: Environment and Land CourtPetition
…Personal liability only arises where the court expressly orders that costs be borne personally, or where there is evidence of bad faith, misconduct, abuse of the court process, or improper handling of estate assets.…
…Further, there is no material placed before the Court demonstrating that the Petitioners acted in bad faith, abused the court process, or engaged in conduct warranting personal sanction.…
Division and case type: Constitutional and Human RightsPetition
…It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…
…It is contended by the petitioner that the application be struck out as a sham and abuses the court process. As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed.…
Division and case type: Environment and Land CourtPetition
…The 2nd Respondent has not sought nor obtained leave of this Honourable Court to file the said documents, rendering them irregular, an abuse of the court process, and a violation of fair trial principles.…
…That the failure to seek leave of the Court before filing the said documents renders them irregular, incompetent, and an abuse of the court process.…
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: Environment and Land CourtPetition
…That the application is an abuse of the court process as the petitioner filed an earlier application for contempt of court on 11th November 2022 and that the requirements for contempt have not been met.…
…That the instant application is an abuse of the court process; that seeking to have orders against intended respondents and intended interested parties is a backdoor approach which the court should not entertain as it they…
Division and case type: Environment and Land CourtPetition
…process; (iii) Whether the additional grounds raised are independently sufficient to warrant striking out; (iv) Whether the Petition ought to be struck out in its entirety.…
…The commencement of this Petition, with full knowledge of the prior proceedings and their outcome, is in this Court's view an abuse of the court process of the most manifest kind.…
Division and case type: Environment and Land CourtPetition
…The 1 st Respondent seeks issuance of the following orders: - 1) [ SPENT ] 2) THAT the further amended petition dated 20 th May, 2025 be struck out for being incompetent or otherwise an abuse of the process of court. 3) THAT…
…It was further contended that the further amended petition is an abuse of the court process and that it should be struck out with costs. 5.…
Division and case type: Environment and Land CourtPetition
…Judge for determination.” ” The purpose of the sub-judice rule is to stop the filing of a multiplicity of suits between the same parties or those claiming under them over the same subject matter so as to avoid abuse of the Court…
…process and diminish the chances of courts, with competent jurisdiction, issuing conflicting decisions over the same subject matter.…
Division and case type: Anti-CorruptionPetition
…(d) In abuse of the Court process, the Petitioner has enjoyed the conservatory orders since 3rd December, 2014 without taking any further action to determine the Petition. e.…
…Obuo that where a party is seemingly enjoying conservatory orders; refuses and or declines to file submissions for over five months, then such a party should not enjoy interim orders as it is acting in abuse of 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: Environment and Land CourtPetition
…It abhors abuse of the Court process by decreeing that litigation replayed over and over again on already litigated and settled issues has to be halted by the Courts once raised and proven - see E.T v Attorney General & Another…
…It represents an abuse of the Court process and offends the doctrine of res judicata. Dated, signed, and delivered at Malindi virtually on this 24th day of October 2024. E. K. MAKORI JUDGE In the Presence of: Ms.…
Division and case type: Environment and Land CourtPetition
…That the application is misconceived, an abuse of court process and does not meet the threshold for contempt. b. That no orders of injunction are in existence, as they were never reinstated, or extended. 3.…
…That the application is ambiguous, imprecise, embarrassing to the 6th respondent, an abuse of court process and has not met the threshold for the orders sought to be granted. c.…
Division and case type: Environment and Land CourtPetition
…The Grounds of Opposition disclose that: a) The application is premature, incompetent, misconceived and an abuse of the Court process. b) The application offends the provisions of Rules 15, 16, 20, 21 and 22 of the Constitution…
…It is an abuse of the court process. The above computation assumes that the Memorandum of Appearance was served on the same day it was filed on 2nd November 2022. 13.…
Division and case type: Environment and Land CourtPetition
…process and should be dismissed with costs to the petitioners. 3.…
…Procedure Rules. b) Whether the applicant has met the threshold for the proceedings to be set aside, and they be allowed to file their reply and participate in the fresh hearing. c) Whether the application is an abuse of court…
Division and case type: Environment and Land CourtPetition
…The petitioner is using the court process to challenge an administrative procedure; d. The petitioner /applicant has failed to demonstrate that he is the absolute and indefeasible proprietor of the suit property; e.…
…The application (sic) is misconceived and lacks basis and (is) an abuse of the court process.…
Division and case type: Constitutional and Human RightsPetition
…The application was an abuse of the court process and intended to embarrass this Honourable court; ii.…
…His finding was that institution of the present application for revision when Constitutional Petition No. 50 of 2020 was subsisting was an abuse of the court process.…
Division and case type: Environment and Land CourtPetition
…The application as filed is an abuse of the court process. Submissions of the parties. 5. The applicant filed submissions dated 13th November 2025 while the petitioners filed the submissions dated 1st December 2025.…
…To have the applicants seek at this juncture to be joined as interested parties in Malindi Petition No 13 Of 2023 is in this court’s view an abuse of the court process. 12.…
Division and case type: Environment and Land CourtPetition
…He adds that the applicant is abusing the court process as he had filed a similar application dated 10 February 2024. He deposes that after the judgment herein, he filed Ogembo MELC No.…
…He believes that this application is made in response to the orders of the lower Court made on 23 May 2025 and as such amounts to an abuse of the Court process.…