Repeating old claims isn't enough to have a case struck out if the new suit introduces new legal issues.
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Every judgment we've ingested from Kenya Law, structured as briefs. Filter by court, outcome, judge, date and topic.
14,566 results for “abuse of process”
Repeating old claims isn't enough to have a case struck out if the new suit introduces new legal issues.
If a court has not formally decided a specific legal issue, you cannot be stopped from arguing it in a new lawsuit.
Repeatedly filing appeals on the same final decision is considered an abuse of process and can lead to your case being dismissed.
If your land dispute is tied to an inheritance case, you must raise all related grievances within that inheritance case, not in a separate l
Prolonged, unexplained delays in pursuing an appeal can lead to its dismissal, regardless of previous court stays.
Kenya's High Court struck out a fresh suit filed on the same facts as an earlier abated case, ruling a plaintiff cannot appeal and sue simul
If a previous lawsuit on the same facts failed due to procedural errors like poor service, you cannot simply file a new one.
Kenya's High Court dismissed a landowner's suit after finding he hid earlier cases and consents from the court when seeking emergency orders
Filing multiple applications to strike out defenses is permissible if they target different parts of the case, even if the desired outcome i
The High Court refused to strike out a claim as res judicata because the earlier court had no power to hear it.
A Kenyan court threw out a land dispute challenge filed nearly three years late, confirming the six-month deadline for judicial review is st
The court let a pension scheme dispute proceed with an amended claim, but refused the injunction and document orders because the wrong legal
Kenya's Employment Court excused a worker's mistaken deadline calculation, giving him 14 days to appeal, but made him pay costs for the avoi
Kenya's Environment and Land Court struck out a land dispute because the same claim had already been decided, confirming you only get one ch
A Kenyan land court dismissed an attempt to revive a dead man's power of attorney and re-litigate an already-decided evidence request.
Kenya's Environment and Land Court ruled that only a deceased estate's administrator can sue for it, so beneficiary family members were bloc
The Environment and Land Court in Eldoret dismissed a landowner's attempt to fix a title registration mix-up through review, confirming revi
Kenya's Environment and Land Court ruled an unregistered community association can sue to challenge foreign land ownership, and the case wil
The Environment and Land Court in Garissa dismissed a landowner's contempt case because he could not prove any respondent actually disobeyed
Kenya's Court of Appeal confirmed you cannot file a new land lawsuit when you could have joined an existing case, and delay kills stale clai
Kenya's Environment and Land Court allowed a company to appeal a rent tribunal decision months late, ruling that a reasonable explanation ma
Kenya's Employment Court ruled that an employer's HR manual is not law, so claims about breaching it must be decided at a full hearing with
A Kenyan court struck out an adverse possession claim because the landowner's estate was sued without naming the administrators legally appo