Case law
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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 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
…the proceeding; that the application contravenes Order 9 Rule 6 of Civil Procedure Rules as the 5th respondent had not served them with notice of change of advocate; that the application was lacking in merit, and is an abuse…
…of the court process and should be dismissed with costs to the petitioners. 3.…
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: Environment and Land CourtPetition
…The Respondent contends that this application is frivolous and an abuse of court process, given that the judgment was delivered and no sufficient cause or plausible explanation was provided for failing to file the intended…
Division and case type: Environment and Land CourtPetition
…classicus case of Anarita Karimi Njeru vs Republic (1979) eKLR. 4) That the Petition offends the provisions of Section 18, 19, 20 and 85 of the Land Registration Act and as such, the same is a non-starter, bad in law and on abuse…
…of court process. 5) That the Petition does not disclose any acts of omission and/commission of the Respondents in the performance of their constitutional duties and discloses no cause of action against the Respondents.…
Division and case type: Environment and Land CourtPetition
…The Petitioner averred that the 1st Respondent’s application was an abuse of court process as the 1st Respondent had made a similar application before the Court of Appeal at Kisumu in Civil Appeal No.…
Division and case type: Environment and Land CourtPetition
…She emphasized that the principle of finality of court decisions and opposed the Application, asserting that the Applicant’s conduct amounted to abuse of court process, and prayed that the Court dismiss the application with…
Division and case type: Environment and Land CourtPetition
…This court has considered similar applications where the Petitioners seek to enforce service contracts by way of constitutional applications and have held them to be an abuse of Court process – eg in Rashid Odhiambo Aloggoh…
Division and case type: Environment and Land CourtPetition
…of Laws of Kenya requires the court to inter alia facilitate a just, expeditious, proportionate and affordable resolution of civil disputes in an efficient manner, and in so doing ensure the ends of justice are met, and abuse…
…of court process avoided.…
Division and case type: Environment and Land CourtPetition
…The 3rd Respondent contended that the petition and the application were vexatious and a gross abuse of the court process and should therefore be dismissed with costs.…
…of court process and hence defective.…
Division and case type: Environment and Land CourtPetition
…It is the view of the 2nd and 3rd Defendants that the current suit is an abuse of Court process as it is intended to defeat the result in Suit No. 64 of 2001.…
Division and case type: Environment and Land CourtPetition
…miserably failed to prove the alleged contempt beyond the standard of any reasonable doubt required in the contempt applications or even the balance of probabilities. h) The contempt application had no merit, and was an abuse…
…of court process filed with the sole objective of delaying the hearing and determination of the main suit as could be seen from the series of last-minute applications invariably filed on the eve of the hearing and adjournments…
Division and case type: Environment and Land CourtPetition
…miserably failed to prove the alleged contempt beyond the standard of any reasonable doubt required in the contempt applications or even the balance of probabilities. h) The contempt application had no merit, and was an abuse…
…of court process filed with the sole objective of delaying the hearing and determination of the main suit as could be seen from the series of last-minute applications invariably filed on the eve of the hearing and adjournments…
Division and case type: Environment and Land CourtPetition
…The Petition herein was premature, bad in law and an abuse of the Court process as the Petitioner has failed to exhaust all statutory mechanisms and legal remedies envisaged under the provisions of Article 159 2 (c) of the…
…of the Court process.…
Division and case type: Environment and Land CourtPetition
…E005 of 2025 lacks merit, is frivolous, constitutes an abuse of court process, and should be dismissed with full costs. They also argued that Survey Plan No. 501/46 of the purported L.R.…
Division and case type: Environment and Land CourtPetition
…In the circumstances, it is clear that the present Petition is an outright abuse of court process. 52.…