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…process.…

…process. 26.…

…The issue then for determination is whether the current suit should be struck out for being an abuse of Court process.…

…the court observed The situation that may give rise to an abuse of court process are indeed inexhaustive, it involves situations where the process of court has not been or resorted to fairly, properly, honestly to the detriment…

…On 18.3.23, the learned Judge made the following order on 18.3.23: Appellant is abusing the court process. The file is closed.…

…The Applicant continues to abuse of the court process which this Court will not countenance. Consequently, this conduct must be deprecated and discouraged. …

…I have a duty to preserve the judicial process and cannot allow the misuse of the court process. 54.…

…The Court of Appeal in Muchanga Investments Limited v Safaris Unlimited (Africa) Ltd & 2 others Civil Appeal No. 25 of 2002 (2009) eKLR 229, observed as follows on the principle of abuse of Court process: “….…

…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.…

…Learned counsel urged this court to dismiss the application as it is an abuse of the court process. 7.I have considered the application, rival affidavits and submissions.…

…This is meant to prevent parties form abusing the process and thereby clog the court processes without an end to the litigation.…

…process. 14.…

…process. 17.…

…The Respondent maintained that the present application is misconceived, frivolous, and amounts to an abuse of the court process.…

…process.…

…Succession Cause No. 15 of 2021, is therefore a duplicate, scandalous, frivolous, vexatious, and an abuse of the court process. 7.…

…Whether there exists duplicity of proceedings amounting to an abuse of the court process. III. Whether the issue of intestacy versus testacy is res judicata. IV.…

…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.…

…She adds that the application is an abuse of the court process and ought to be dismissed with costs. The application was argued by way of written submissions.…

…The only averments in his replying affidavit are that the insurer has settled part of the decretal sum and was in the process of settling the balance and that the application is an abuse of the court process.…

…The Defendants state that pleadings have closed, meaning the court process is already advanced and they note that the arbitration clause was not pleaded and was not invoked by the Plaintiff earlier and that by proceeding…

…this far in court, the parties have elected to use the court process and ousted the arbitration clause.…

…The suit is an abuse to the due process of the court. 4. Pursuant to the directions of the court, the Preliminary Objection was canvassed by way of written submissions.…

…On the second issue, whether the suit amounts to an abuse of the court process, counsel submitted that, from the annexures filed by both the Petitioner and the 1st Respondent, it is evident that the 1st Respondent sued the…

…In my view, the convict is abusing court process as the orders he is seeking were granted in the trial proceedings and in Misc. Cr. Application No. 143/2023. 5.…

…Accordingly, the application dated 3/7/2023 filed on 4/8/2023 is found to be bad in law for duplicity, abuse of court process and devoid of any basis. It is hereby dismissed. 6. Signal to issue. This file is closed. 7.…

…It disputed the respondent’s argument that the application under consideration is an abuse of the court process.…

…Abuse of the court process 29.…

…This is an abuse of the court process, as the Applicant ought to have filed his claims documents herein in the Kilgoris case.…

…This is known as the sub-judice rule , and its purpose is to prevent the filing of multiple lawsuits on the same Matter, which would be an abuse of the court process and could lead to conflicting decisions.…

…In submitting that Courts have expanded the definition of the term abuse of the Court process to include instituting suits against parties for less than honest or ulterior motives, Ms.…

…She contended that these proceedings are an abuse of the Court process as the plaintiff seeks to recover alleged damages arising out of its own illegal actions. 18.…

…The Applicants urge the court to strike out the petition, claiming it constitutes an abuse of the court process.…

…In applications to strike out pleadings, the burden of proof lies with the applicant, who must demonstrate that it is clear and obvious that the pleadings amount to an abuse of the court process.…

…process.…

…Abuse of the court process is the improper use of the judicial process in litigation. Satya Bhama Gandhi v Director of Public Prosecutions & 3 others [2018] KEHC 6100 (KLR) 29.…