Judgment[2005] KEHC 600
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: 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: 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.…