Search court decisions

…The Respondent filed a replying affidavit opposing the Motion on 10 July 2024, asserting that the Motion was incurably defective and an abuse of the court process; there was no error apparent on the face of the record; the…

…The instant Motion is found to be an abuse of the court process. Orders 17. The Motion dated 21 June 2024 is devoid of merit and an abuse of the court process. It is dismissed with costs to the Respondent.…

…That the Respondents have filed a number of suits on the shareholding issue of the 1st Respondent and the application was therefore res judicata and an abuse of court process.…

…The 1st Respondent and the Claimant proceeded to raise a PO to the effect that the application was an abuse of court process since the same was brought by an advocate with no capacity to bring the application, the application…

…The entire suit is brought in bad faith, is frivolous, vexatious and an abuse of the court process and should be struck out with costs.…

…Well aware of the previous suit and outcome, filing this cause is an abuse of court process. The claim herein being res judicata is dismissed. Costs to the respondent.…

…In light of the above, the Court is not only functus officio but the instant application is an abuse of the court process and further is caught up by the doctrine of res judicata. Orders 18.…

…In reply, the respondent filed his Replying Affidavit averring that the application before the court is an abuse of the court process.…

…With the appeal dismissed, revisiting matters already addressed in a previous application is an abuse of court process.…

…Without showing any interest in prosecuting the instant suit, the respondent's objections to the duplication of suits, the claimant's actions amount to an abuse of the court process, and the suit is hereby dismissed.…

…The respondent attended and submitted that the appellant is in abuse of court process after the court allowed for more time to file the Appeal on 11 april 2024 in Mombasa Misc.…

…The Court not only finds that it is functus officio, but that the instant application is a gross abuse of the court process. 11. The mere fact that a new firm of advocates has been instructed does not alter that fact.…

…The Court finds the Motion dated 13 July 2023 a gross abuse of the court process and it is dismissed with costs.…

…The application dated 24 January 2025, though not opposed by the claimant, is an abuse of the court process.…

…of court process.…

…The entire suit is bad in law, incompetent, frivolous and vexatious and the same is otherwise an abuse of court process.…

…The Respondents further averred that the Claimant’s Application was an abuse of court process as the issue had been previously litigated.…

…costs and that the Appeal having been filed out of time it goes without say that the Application seeking to stay the Execution is only made to frustrate the Respondents from enjoying the fruits of the judgment hence an abuse…

…Response In her Replying Affidavit sworn on 17th February, 2025, in opposition to the Notice of Motion, the respondent deposes that the application is fatally defective, bad in law and an abuse of the court process as it…

…Dennis Matutu, which is an abuse of the court process.…

…The only explanation the court can discern is the intention to abuse the court process.…

…of the court process is indeed exhaustive, it involves situations where the process of court has not been or resorted to fairly, properly, and honestly to the detriment of the other party. … The case at hand is one as defined…

…The Claimant filed his response through a Replying Affidavit sworn on 9th November,2023 and averred that the application was made to delay conclusion of this case and an abuse of Court process for it was an Appeal disguised…

…Their actions therefore amounted to an abuse of the Court processes by seeking the setting aside of the court’s ruling when the prayers would well be dispensed with through an appeal.…

…To do so in abuse of the court process. The application dated 8 January 2025 is in abuse of court process and is hereby dismissed with costs to the claimant.…

…In the affidavit, the primary position taken was that the instant Motion was an abuse of the Court process because it was the third attempt at seeking an order reinstating the Cause. 6.…

…The Respondent did not cite any authority for the proposition that filing an application where an earlier application had been dismissed for failure to appear in Court would by itself amount to an abuse of the court process…

…THAT the present suit is incompetent, legally flawed, defective, and constitutes an abuse of the court process, as this Honourable Court is not properly seized of the jurisdiction to entertain and adjudicate upon the matters…

…The Respondents in reply filed a Preliminary Objection dated 18th March,2024 stating that the application and cause of action was time barred as per section 90 of the Employment Act and amounted to abuse of court process.…

…The Respondent also filed their replying affidavit by Linda Kaniaru sworn on 20th March 2024 who averred that the application lacked merit, was frivolous and an abuse of court process and the court does not have jurisdiction…

…That the Respondents have filed a number of suits on the shareholding issue of the 1st Respondent and the application was therefore res judicata and an abuse of court process.…

…The 1st Respondent and the Claimant proceeded to raise a PO to the effect that the application was an abuse of court process since the same was brought by an advocate with no capacity to bring the application, the application…

…of Court process by the 2nd Appellant.…

…Clearly, the petition is misconceived and an abuse of court process as it is meant to urge the court to shield the petitioners from observing the law. This court is not amenable to such invitation.…