Case law
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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: Milimani Commercial CourtsCivil Suit
…That the powers under that Section are used for the ends of justice or to prevent the abuse of the court process.…
…Plaintiffs counsel said the application is mischievous and is an abuse of the court process for it seeks to deny the plaintiff remedy against the other defendants.…
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 Suit
…Machukia Advocate in the firm of Ms Ben Ochieng & Co Advocates has taken up this matter in the Notice of Preliminary Objection filed and has asked that the suit filed by the Plaintiff amounts to an abuse of the court process…
…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: 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: Milimani Commercial CourtsCivil Suit
…Section 3A of the Civil Procedure Act gives this court inherent powers to make such orders as may be necessary for ends of justice to be met or to prevent abuse of the process of the court.…
…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…
Division and case type: Environment and LandPetition
…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.…