Case law
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Division and case type: High Court CivilFamily P&A Intestate
…of process. 3.…
…of process.…
Division and case type: High Court CivilFamily P&A Intestate
…of process.…
…of process.…
Division and case type: High Court DivJudicial Review
…Prohibition is an exceptional public law remedy and it issues to restrain unlawful exercise of power, excess of jurisdiction, or abuse of process.…
…That may be so, but it does not establish that a complaint of obtaining money by false pretences is necessarily fabricated, and it does not establish that investigations are an abuse of process.…
Division and case type: High Court FamilyFamily Miscellaneous
…Chemitei, J., dismissed that application as vexatious and an abuse of process with costs.…
…The doctrine of abuse of process is well established.…
Division and case type: High Court DivJudicial Review Miscellaneous
…E041 of 2024 is unlawful, procedurally improper, and amounts to an abuse of the court process. 13.…
…of process and warrant judicial intervention. 19.…
Division and case type: High Court Judicial ReviewJudicial Review
…abuse of process and the South African Court of Appeal decision in BEINOSI v WIYLEY 1973 SA 721 [SCA] which set out the applicable principle as follows: “What does constitute an abuse of process of the court is a matter…
…There can be no all-encompassing definition of the concept of “abuse of process.”…
Division and case type: High Court CivilCivil Suit
…The grounds advanced include alleged lack of geographical jurisdiction , reliance on absolute privilege , and claims that the suit is scandalous, frivolous, and vexatious , amounting to an abuse of the court process. 2.…
…It is his position that the suit was filed improperly in Mombasa when the cause of action arose in Malindi and is therefore an abuse of process and a clear instance of forum shopping . 4.…
Division and case type: High Court DivCivil Suit
…There can be no all-encompassing definition of the concept of “abuse of process.”…
…The term abuse of process has an element of malice in it. 55.…
Division and case type: High Court Commercial and TaxSmall Claims Appeal Case
…of process meriting dismissal.…
…It submits the application is an afterthought, an abuse of process and devoid of arguable merit, and that the offered security is inadequate against the decretal sum. Analysis 9.…
Division and case type: High Court Commercial and TaxCommercial Insolvency Notice
…Whether there is an abuse of process and bad faith on the part of the Respondent 42.…
…term abuse of Court process has the same meaning as abuse of judicial process.…
Division and case type: High Court Anti Corruption and Economic CrimesAnti Corruption and Economic Crimes Petition
…of the legal process.…
…R [1985] eKLR), or oppression, or embarrassment, or was deployed as a result of abuse of process or power to prosecute (R vs. Jonah Orao Anguka [1992] eKLR).…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Director of Public Prosecutions & 3 others [2018] eKLR on abuse of process. Reliance was also placed on James Kanyiita Nderitu (supra), Utalii Transport Company Limited & 3 others vs.…
…On the alleged abuse of process, it is not disputed that the Applicant first moved the subordinate court through the application dated 19th February 2026.…
Division and case type: High Court DivConstitution and Human Rights Election Petition
…The 3rd Respondent contends that the application is fatally defective, lacks merit, is misconceived, frivolous, and constitutes an abuse of the court process. 6.…
…That the application, is a waste of judicial time, an abuse of process, and purely intended to delay execution of the order for costs. The 3rd Respondent sought dismissal of the application with costs. 9.…
Division and case type: High Court CriminalCriminal Revision
…Mogere by presenting yet another application seeking similar orders the applicant is engaging in what could aptly be described as abuse of process and a wasteful exercise of judicial time. 8.…
…The Black’s Law Dictionary defines abuse of process as the improper and tortious use of a legitimately issued court process to obtain a result that is either unlawful or beyond the scope of the process.…
Division and case type: High Court Commercial and TaxCommercial Arbitration
…of process and embarrasses the due administration of justice. 4.…
…Independently of the sub judice bar, Bapiny’s conduct constitutes abuse of process.…
Division and case type: High Court DivConstitution and Human Rights Petition (Civil)
…The 3rd Respondent contends that the application is fatally defective, lacks merit, is misconceived, frivolous, and constitutes an abuse of the court process. 6.…
…That the application, is a waste of judicial time, an abuse of process, and purely intended to delay execution of the order for costs. The 3rd Respondent sought dismissal of the application with costs. 9.…
Division and case type: High Court Commercial and TaxCommercial Insolvency Petition
…He maintained that the dispute was already the subject of ongoing litigation and that liquidation was premature, unreasonable and an abuse of process, given that other remedies were available. 6.…
…She averred that the application was misconceived, frivolous and an abuse of the court process. 7.…
Division and case type: High Court CivilFamily P&A Ad Colligenda
…The instant petition has been filed in abuse of process of court, as there should be more that 1 cause in respect of the same estate, nor should 2 grants be made in respect of the same estate, whether in same cause or separate…
…As the petition herein is filed in abuse of court process, I will hereby strike it out, and order that the file be closed, and moved to the archives. 9.…
Division and case type: High Court Commercial and TaxCommercial Matters
…of the process of the court.…
…Whether the suit is res judicata or an abuse of process 24.…
Division and case type: High Court DivCivil Appeal
…That the appeal and application constitute an abuse of the court process having been filed under the wrong procedural framework.…
…This limb of the Preliminary Objection equally succeeds On whether the wrong procedural framework renders the matter an abuse of process, the Respondent faults the Appellant for invoking the Civil Procedure Act rather than…