Case law
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Division and case type: High Court FamilyFamily Originating Summons
…The issue then for determination is whether the current suit should be struck out for being an abuse of Court process.…
…However, abuse of court process in addition to the above arises in the following situations:- Instituting a multiplicity of actions on the same subject matter, against the same opponent, on the same issues or multiplicity…
Division and case type: High Court CivilCivil Suit
…The Application is therefore an abuse of court process and aimed at crippling the Sacco’s operations.…
…Whether the Plaintiff’s conduct amounts to abuse of the Court process by pursuing multiple execution processes; b. Whether attachment of the 1st Defendant’s shares is equitable, lawful, and proportionate; and c.…
Division and case type: High Court CivilCivil Case Miscellaneous
…It could amount to an abuse of the court process. 3.…
…What I am saying, in short, is that the Motion, dated 25th April 2024, ought to have been filed in Busia HCSC No. 18 of 2016, and that the filing of this miscellaneous cause was in abuse of court process. 4.…
Division and case type: High Court CivilCivil Case Miscellaneous
…On 20th September 2024 I delivered a ruling herein where I held that the filing of this miscellaneous cause was in abuse of court process, as the application filed herein, dated 25th April 2024, ought to have been filed in…
…It was initiated in abuse of court process. It should be closed. Let the file in Busia HCSC No. 18 of 2016 be returned to the registry, to await the mention on 12th February 2025.…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…The Respondents further argue that the Applicant has failed to make full disclosure regarding related proceedings and has engaged in multiplicity of litigation amounting to abuse of court process. 5.…
…(iv) Whether the applications constitute an abuse of court process. (v) Whether directions should issue to the Office of the Director of Public Prosecutions. (vi) What orders should issue. 6.…
Division and case type: High Court CivilCivil Case Miscellaneous
…Further that the entire application is misconceived, bad in law and an abuse of court process. Submissions: 9. This application was canvassed by way of oral submissions.…
…Save for stating that this application is bad in law, misconceived and an abuse of court process, the Respondent has not put forth any substantive opposition to this prayer for extension of time.…
Division and case type: High Court CivilCivil Case Miscellaneous
…The Respondent has resisted this application by filing grounds of opposition dated 20th September 2014 wherein it posits that this application is incompetent and an abuse of court process as there is no appeal filed two months…
…So far this application has solely been made for proposes of wasting court’s precious time and it is indeed in abuse of court process. 10. There is in essence no substratum upon which to base this application.…
Division and case type: High Court DivFamily P&A Intestate
…of court process; and e) What orders should be made as to costs. 10.…
…The Respondents have correctly characterized this Application as an abuse of court process. The Applicant participated in the earlier rectification proceedings, consented to the orders, and benefited from them.…
Division and case type: High Court CivilCivil Appeal
…of court process. 4.…
…That is what abuse of court process defines. The trial court could not entertain that issue when the same was actively before the appellate court.…
Division and case type: High Court CriminalCriminal Appeal
…This amounts to abuse of court process and I thus hereby strike out the appeal herein on grounds of duplicating with HCR No. E057/2024. This file is marked as closed. Dated this 26th day of September 2024…
Division and case type: High Court CriminalCriminal Miscellaneous Application
…The applicant has filed another application dated 23rd October 2024 in which he is not even saying what he wants from this court, other than certifying the application as urgent which I find to be an abuse of court process…
…In the circumstances, I find the application dated 23rd October 2024 to be frivolous and vexatious and an abuse of this court’s process.…
Division and case type: High Court Civil Appellate DivisionApplication for leave to file an appeal out of time
…The application herein is struck out due to it's duplication of HCCAMISC/E271/2026 as to entertain it would amount to condoning the applicant's abuse of court process. 3. This file is hereby marked as closed.…
Division and case type: High Court CriminalCriminal Appeal
…This conduct amounts to abuse of court process and I thus strike out the appeal herein on grounds of duplicating. This file is marked as closed. Dated at Kisumu this 26th day of September 2024…
Division and case type: High Court DivCriminal Miscellaneous Application
…I find this application dated 19/2/2024 to be an abuse of court process. It is hereby dismissed. This file is closed.…
Division and case type: High Court FamilyFamily Appeal
…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.…
…Whether or not the Applicant is deserving of the orders is hinged on whether this application amounts to an abuse of Court process.…
Division and case type: High Court Judicial ReviewJudicial Review
…Patrick Wanjuki, is misconstrued and constitutes an abuse of Court process. The Respondent’s Submissions; 3.…
…Patrick Wanjuki, is misconstrued and constitutes an abuse of Court process. 16. This matter concerns the Public Procurement Administrative Review Board (hereinafter PPARB). 17.…
Division and case type: High Court CriminalCriminal Revision
…That this application is an abuse of court process and should not be allowed.…
…They cited the case of Daniel Otieno Oracha vs Republic [2019] eKLR Aburili J held as follows on issue of jurisdiction and abuse of Court process.…
Division and case type: High Court DivCriminal Miscellaneous Application
…I find this application an abuse of court process. The application dated 6/8/2024 is hereby dismissed and this file is closed. I so order.…
Division and case type: High Court CivilCivil Case Miscellaneous
…In essence this is tantamount to forum shopping and a good example of abuse of court process 29. On the balance whereas this suit is not res judicata, the same epitomises a clear case of abuse of court process.…
…motion dated 5th January 2024 and I proceed to make the following orders: i) The interim orders of injunction made herein on 23rd January 2024 are hereby discharged. ii) The suit herein is hereby struck out for being an abuse…
Division and case type: High Court DivHigh Court Criminal Petition
…I find the petition dated 14/3/2023 to be an abuse of court process. It is devoid of merit and the same is hereby dismissed. 5. Signal to issue. This file is closed.…