Case law
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Division and case type: Milimani Commercial CourtsCivil Case
…’s process The plaintiff filed a plaint, and simultaneously filed an injunction application on 23rd June 2003.…
…The 1st defendant in their supporting affidavit depone that, “….the plaintiff’s conduct amounts to an abuse of the court’s process; that the plaintiff’s conduct greatly prejudices the 1st defendant who is unable to exercise…
Division and case type: Constitutional and Human RightsPetition
…It seeks to stop the prosecution of the petition and its striking out for being frivolous, vexatious, an abuse of the court process and meant to embarrass the company.…
…It is contended by the petitioner that the application be struck out as a sham and abuses the court process. As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed.…
Division and case type: CivilCivil Case
…According to the return of service dated 25th August, 1983 one Frederick Kibuge an authorised court process server went, on 21st July, 1993, to serve the summons on the two defendants at their place of residence in Gachie…
…I would wish the registries to note that the court process servers fully comply with requirements of order V rules 12 and 14 before a judgment in default is entered.…
Division and case type: Milimani Commercial CourtsCivil Suit
…That the powers under that Section are used for the ends of justice or to prevent the abuse of the court process.…
…Plaintiffs counsel said the application is mischievous and is an abuse of the court process for it seeks to deny the plaintiff remedy against the other defendants.…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: CivilCivil Appeal
…The application to strike out the plaint is thus premature and is an abuse of the court process”.…
…The application to strike out her plaint is thus premature and is an abuse of the court process.…
Division and case type: Anti-CorruptionPetition
…(d) In abuse of the Court process, the Petitioner has enjoyed the conservatory orders since 3rd December, 2014 without taking any further action to determine the Petition. e.…
…Obuo that where a party is seemingly enjoying conservatory orders; refuses and or declines to file submissions for over five months, then such a party should not enjoy interim orders as it is acting in abuse of Court process…
Division and case type: CivilCivil Appeal
…7 Are these proceedings an abuse of the court process and should they be struck out and (sic) on this ground alone. 8 Is the 1st interested party (Kenya Sugar Board) entitled to regulate the quota in law?…
…Issue No. 7: The proceedings were an abuse of court process since the grounds relied on in Misc. 646/04 are relitigated in Misc. 946/04.…
Division and case type: Constitutional and Human RightsPetition
…The application was an abuse of the court process and intended to embarrass this Honourable court; ii.…
…His finding was that institution of the present application for revision when Constitutional Petition No. 50 of 2020 was subsisting was an abuse of the court process.…
Division and case type: Milimani Commercial CourtsCivil Suit
…Section 3A of the Civil Procedure Act gives this court inherent powers to make such orders as may be necessary for ends of justice to be met or to prevent abuse of the process of the court.…
…The power to strike out proceedings for abuse of court process is discretionary. In this case, the abuse complained of was beyond Plaintiff/Respondent’s control.…
Division and case type: Environment and LandPetition
…He deponed that the Application and Petition are an abuse of the court process and ought to be struck out in limine. 3rd Respondent’s Replying Adavit 9.…
…The instant Application and Petition is an attempt to sanitize the Petitioner’s criminal and illegal activities, and is an abuse of the process of court as the Petitioner has approached court with unclean hands.…
Division and case type: CONSTITUTIONAL AND HUMAN RIGHTS DIVISIONCivil Appeal
…For the appellant to purport to resurrect the issue three years after the determination of his appeal is a clear indication that the petition is frivolous and an abuse of the Court process.…
Division and case type: CivilCivil Appeal
…of the court.…
…of the Court.…
Division and case type: COMMERCIAL DIVISIONJudicial Review
…For the appellant to purport to resurrect the issue three years after the determination of his appeal is a clear indication that the petition is frivolous and an abuse of the Court process.…
Division and case type: CivilCivil Appeal
…of court.…
…That refusal was viewed by the respondents as unreasonable and amounted to an abuse of the process of the court.…