Case law
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Division and case type: Environment and Land CourtELC Land Civil Suit
…Lastly, they submitted that the Plaintiff’s suit was a "Paragon" of Abuse of Court Process.…
…The situation that may give rise to an abuse of court process are indeed in exhaustive, it involves situations where the process of court has not been or resorted to fairly, properly, honestly to the detriment of the other…
Division and case type: Environment and Land CourtCivil Suit
…An abuse of court process is any departure from established good order that significantly deviates from the reasonable use of court process; such abuse occurs when an individual makes excessive, improper, or contradictory…
…However, her application has contravened this very provision, as the application is found to be an abuse of the court process. 10.…
Division and case type: Environment and Land CourtELC Land Appeal
…On whether the present appeal amounts to an abuse of the court process and, if so, whether it should be struck out with costs . 18.…
…An abuse of the court process arises where the court’s process is used for an improper purpose, including instituting multiple proceedings over the same subject matter to obtain a collateral advantage.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Respondent submits that the application filed herein is ineffective, baseless, unmeritorious, and amounts to an abuse of the court process. 9. I have conducted a review of ELC No. E002 of 2020.…
…The Court of Appeal elaborated upon the concept of abuse of the court process in the case of Muchanga Investments Limited v Safaris Unlimited (Africa) Ltd & 2 others, Civil Appeal No. 25 of 2002 (2009) eKLR 229.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Respondent submits that the application filed herein is ineffective, baseless, unmeritorious, and amounts to an abuse of the court process. 9. I have conducted a review of ELC No. E002 of 2020.…
…The Court of Appeal elaborated upon the concept of abuse of the court process in the case of Muchanga Investments Limited v Safaris Unlimited (Africa) Ltd & 2 others, Civil Appeal No. 25 of 2002 (2009) eKLR 229.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…process. 7.…
…process. 9.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…process. 7.…
…process. 9.…
Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…Dictionary, 11th Edition as the improper and tortious use of a legitimately issued court process to obtain a result that is unlawful or beyond the process’s scope.…
…Mshamba & another [2022] eKLR defined the term abuse of court process as follows: - “The term abuse of court process has the same meaning as abuse of judicial process.…
Division and case type: Environment and Land CourtCivil Suit
…The suit discloses no reasonable cause of action; it is scandalous, frivolous, and/or vexatious, constituting an abuse of the court process. b.…
…The plaintiff’s claim is, therefore, scandalous, frivolous, vexatious, and an abuse of the court process. f.…
Division and case type: Environment and Land CourtCivil Suit
…process.…
…process?…
Division and case type: Environment and Land CourtELC Land Appeal
…E.Whether the application amounts to an abuse of court process: 21.…
…Where there no iota of law supporting a court process or where it is premised on recklessness.…
Division and case type: Environment and Land CourtELC Land Appeal
…Migiro having confirmed that indeed there was a pending ruling in a similar Application, renders this Application as subjudice and an abuse of the court process. In his response Mr.…
…The court is disappointed in the blatant abuse of the court process in this case by the Advocates who filed similar Application in two courts.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…court process. 10. …
…Whether the Application is an abuse of court process. 19. …
Division and case type: Environment and Land CourtELC Land Civil Suit
…process as the same is res judicata. b.…
…It was thus contended that the instant suit on the same cause of action was similarly time-barred, scandalous, vexatious and otherwise an abuse of the court process. C. Responses to the application 5.…
Division and case type: Environment and Land CourtELC Environment & Planning Petition
…to entertain it. b) Whether the entire proceedings are an abuse of the court process. 25. …
…Abuse of court process creates a factual scenario where a party is pursuing the same matter by two-court process.…
Division and case type: Environment and Land CourtELC Land Appeal
…This is a clear example of abuse of the court process. 11. See the decision cited by the 1st Respondent with which I concur.…
…When the matter is expressed in negative tenor, it is said that there is inherent power to prevent abuse of the process of the court.…
Division and case type: Environment and Land CourtELC Land Petition
…Moreover, that the current petition be stuck out for being an abuse of the process of the court.…
…as follows;- The term abuse of court process has the same meaning as abuse of judicial process.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…ISSUE NO. 3- WHETHER OR NOT THE PENDING OS IS AN ABUSE OF THE COURT PROCESS? The third issue of whether or not the pending OS is an abuse of the Court process.…
…The Court of Appeal in Meme vs Republic & Another (2004) eKLR discussed abuse of the court process thus:- “An abuse of the court's process would, in general, arise where the court is being used for improper purpose, as a…
Division and case type: Environment and Land CourtCivil Suit
…Whether the 2nd defendant’s/applicant’s application is incompetent, defective, misconceived and an abuse of due process of the court. 4.…
…Did the filing of the application before this court amount to abuse of court process?…
Division and case type: Environment and Land CourtCivil Suit
…The Notice of Motion application dated 4th November 2024, and filed by the 4th and 5th Defendants/Applicants the subject of this Ruling seeks dismissal of the suit for want of prosecution for being an abuse of the court process…
…(iv) The suit before court is clearly an abuse of the due process of the court. 2.…