Case law
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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: 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: FamilySuccession Cause
…The application is tailored at buying time for the applicant and thus is an abuse of court process. 2.…
…The court lacked jurisdiction because judgment had been delivered, the court was functus officio and could not entertain the application especially that the application was for review and the respondent had preferred an appeal…
Division and case type: Environment and LandLand Case
…He contends that the applicant's suit is an abuse of the court process as there is no cause of action considering that the parties are still married. 4.…
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.…
Division and case type: FamilySuccession Cause
…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.…