Maheshkumar Manibhai Patel v Rift Valley Agricultural Contractors Limited & another (Civil Suit 20 of 2005) [2005] KEHC 2325 (KLR) (13 May 2005) (Ruling)
- Court
- High Court of Kenya
- Case number
- 2325
- Citation
- [2005] KEHC 2325 (KLR)
- Decided
- 13 May 2005
The application and the suit filed by the plaintiff are hereby ordered struck out.
Facts
The plaintiff filed a suit against the defendants praying for an order of mandatory injunction to restrain them from disposing of their assets. The plaintiff also sought an order compelling the 2nd defendant to refrain from conducting the affairs of the 1st defendant without notifying the plaintiff. The defendants filed a notice of preliminary objection, alleging that the application was grossly incompetent, bad in law, and an abuse of the court process.
Issues
- Abuse of the court process
- Suit filed for purposes other than resolving a dispute
Reasoning
The plaintiff filed the suit in Nairobi, where two other cases were pending, and did not serve the application upon the defendants as ordered. The plaintiff's conduct was deemed an abuse of the due process of the court.
Outcome
The plaintiff's suit and application are struck out.
Orders
- The application and the suit filed by the plaintiff are hereby ordered struck out.
- The defendants shall have the costs of the application and also the suit.
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