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…Whether the instant application is an abuse of the Court process. 35.…

…The term abuse of the Court process was defined by the Court of Appeal in the case of Muchanga Investments Limited v Safaris Unlimited (Africa) Ltd & 2 others [2009] eKLR, as follows - “The term abuse of court process has…

…The issue concerning the consent is therefore not just misleading but is vexatious and an abuse of the court process. So also is the issue of starting the case denovo.…

…Again, I say that the application on that ground is an abuse of the court process as this court is seized of unlimited jurisdiction in civil cases and can hear the case and hence the issue of pecuniary jurisdiction does not…

…It is therefore res judicata and an abuse of the court process. 6.…

…The filing of successive applications before the same Court on the same subject matter, after a definitive determination, amounts to a clear abuse of the court process. Litigation must come to an end. 7.…

…The applicant alleges a coordinated scheme of fraud, professional misconduct and abuse of the court process involving several advocates and public officials.…

…Whether the applications filed by the Applicant have merit or constitute an abuse of the court process. 37.…

…Such court instruments are served upon the concerned parties, through a court process server, either personally, or through substituted service.…

…Ideally, though, this being court process, the most ideal mode of service, of this all-important accounting document, must be by way of ordinary service of court process, through the modes provided for under the Civil Procedure…

…He contends that the present suit is res judicata and an abuse of the court process. The Plaintiff opposed the application through an affidavit sworn by its director, Mr. Simon Ngigi, on 23 rd January 2025.…

…process.…

…The central issue in all these cases, they argue, is the management and directorship of the 1st plaintiff and the multiplicity of suits amounts to forum shopping and abuse of the court process. 7.…

…The 1st defendant raised a preliminary objection seeking the dismissal of the suit on grounds that it offends the doctrines of sub judice and res judicata and amounts to an abuse of the court process.…

…The Application is clearly an abuse of the court process. 4. As stated in my decision in the revision, the Court may only exercise that jurisdiction which has been conferred upon it by the Constitution, statute or both.…

…The Application being an abuse of the court process is hereby struck out. DATED, SIGNED and DELIVERED in MALINDI this 31st day of October 2025 '…

…The Preliminary Objection is dated 5th February 2025 and is framed as hereunder-The application is frivolous, vexatious and an outright abuse of the Court process.…

…of the Court.…

…Issue 2 - Whether the criminal process complained of constitutes an abuse of the court process. It is not in dispute that the 1st Respondent filed Miscellaneous Criminal Application No.…

…process.…

…The Plaintiff opposes the application through Grounds of Opposition dated 20th November 2024, arguing that: the application is an abuse of the court process; the dispute arose long before the suit was filed yet was never…

…In my view, the conduct of the Applicant amounts to acquiescence to the Court process and a clear election to litigate rather than arbitrate. 12.…

…The invocation of the same jurisprudential basis previously rejected does not clothe this Court with jurisdiction and constitutes an abuse of the court process and offends the principle of finality in litigation.…

…For the foregoing reasons, the Court finds that: 1) It lacks jurisdiction to entertain the application 2) The Petition is an abuse of the court process 3) The Petition is dismissed…

…A litigant who persistently files identical applications after a court has pronounced itself engages in an abuse of the court process.…

…I therefore find that the present application is not only devoid of merit but constitutes an abuse of the court process. 9. Accordingly, the Notice of Motion dated 12th January 2026 is hereby dismissed.…

…process 12.…

…The Respondents further contend that this Court lacks jurisdiction and that the application amounts to forum shopping and abuse of the court process. 25.…

…The respondent therefore argues that the present application amounts to an abuse of the court process and should be outrightly dismissed as the court is functus officio. 5.…

…To entertain this application would amount to granting the applicant a “second bite at the cherry,” thereby undermining the principle of finality in litigation and encouraging abuse of the court process. 9.…

…It creates a factual scenarios where a party is pursuing the same matter by two court process.…

…In other words, a party by two court process is involved in some gambling, a game of chance to get the best in the judicial process.…

…She seeks an order to strike out the plaintiff’s suit as it is sub judice, scandalous, vexatious, frivolous, and abuse of the court process and violates Order 4 Rule 1(1)(f) of the Civil Procedure Rules. 2.…

…Abuse of the court process 20. The defendant further argued that the plaintiff’s suit is an abuse of the court process. Abuse of the court process is the improper use of the judicial process in litigation.…

…The invocation of the same jurisprudential basis previously rejected does not clothe this Court with jurisdiction and constitutes an abuse of the court process and offends the principle of finality in litigation.…

…For the foregoing reasons, the Court finds that: 1) It lacks jurisdiction to entertain the application; 2) The application is an abuse of the court process. 3) The application is dismissed…

…The invocation of the same jurisprudential basis previously rejected does not clothe this Court with jurisdiction and constitutes an abuse of the court process and offends the principle of finality in litigation.…

…For the foregoing reasons, the Court finds that: 1) It lacks jurisdiction to entertain the application; 2) The application is an abuse of the court process. 3) The application is dismissed…