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…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.…

…This amounts to abuse of court process and I thus hereby strike out the appeal herein on grounds of duplicating with HCR No. E057/2024. This file is marked as closed. Dated this 26th day of September 2024…

…This conduct amounts to abuse of court process and I thus strike out the appeal herein on grounds of duplicating. This file is marked as closed. Dated at Kisumu this 26th day of September 2024…

…The respondent also submit that the application is an abuse of the court process, lacks merit, baseless and misconceived. Therefore, they pray that the application be dismissed.…

…Such an attempt does amount to an abuse of court process and this court will not contenance the same. DISPOSITION 9. On the balance the notice of motion dated 26.5.2023 is disallowed for want of merit. 10.…

…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.…

…That should be the case herein, for the person who was not heard, because he was never served with the court process, would have been condemned unheard. 6.…

…The Appellant was not given ample time and opportunity to explain and/or give evidence, but the sentence was hastily passed against the Appellant by the Court without his understanding of the Court process. IV.…

…The Appellant submitted that he lacked a clear understanding of the Court process and felt that he was not afforded sufficient time to comprehend the proceedings.…

…Further, the Appellant state that the criminal charges were an abuse of the court process as the charge is being used to resolve an existing land dispute. 5. The Appeal proceeded by way of Written Submissions. 6.…

…He accuses the respondent of abuse of the court process by using the criminal process to intimidate him. 11.…

…In the Respondent's written submissions dated 24th June 2026, learned prosecution counsel contends that the application is misconceived, frivolous and an abuse of the court process.…

…long for the Appellant to react and that it seems the Appellant was awakened upon receipt of a demand letter to vacate the land; that equity aids the vigilant and not the indolent; that the application is a total abuse of court…

…process in that there must be an end or finality in judicial proceedings; that if the application is allowed then a bad precedent will be set where dismissed appeals will be revived several years later and which will affect…

…Thuo, opposed the application and submitted that the Applicants Notice of Motion dated 29th April 2025 is not only stale, bad in law, an abuse of the court processes, but also dead on arrival.…

…process by paying heed to the wise counsel of Chesoni Ag JA (as he then was)as was expressed in case of Wanje v Saikwa [1984] KLR 275 cited by the Counsel for the State as follows; (1) “This Rule is not intended to enable…

…The application is defective, frivolous, and abuse of the court process. b. The application does not meet the principles and the requisite threshold for the grant of the orders sought. c.…

…That the application is an abuse of the court process as the prosecution discharged its burden beyond reasonable doubt; and, the applicant has not demonstrated any special exceptional or unusual circumstances to warrant the…

…Through its oral and filed opposition, the Respondent submits that the application lacks merit and amounts to an abuse of the court process. 11.…

…The same is premised as follows: i) That the Application is an abuse of the Court process as the Appellant was properly convicted after the case against him was proved beyond reasonable doubt and therefore the principle of…

…The application is an abuse of the court process since the applicant was properly convicted before the trial court and the prosecution did discharge its burden of proof beyond reasonable doubt. 3.…

…It is contended that the application is devoid of merit, lacks legal basis, and constitutes an abuse of the Court process.…

…that the plea of guilt upon which he was eventually convicted did not come in the early stages of the trial where it can be rightly said that an accused person is not familiar with not only his surroundings but also the court…

…process, it came at the very tail end of the proceedings by which time the Appellant had actively participated in the trial as already herein summarised before eventually changing his plea at the defence stage, which then…

…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 Adavit 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.…