[2024] KEHC 4993 (KLR)
The court found that the appellant had filed more than one appeal arising from the same lower court matter (SCCC No. E018 of 2022), resulting in duplicative proceedings. Such conduct constitutes an abuse of the court process. The court exercised its inherent jurisdiction to prevent abuse and dismissed the present...
Source-derived case information.
- Citation
- [2024] KEHC 4993 (KLR)
- Parties
- Appellant: Alex S. Dianga; Respondent: Jamil Ibrahim Ali
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E093 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Duplicative Appeal and Abuse of Process
- Outcome
- appeal dismissed as abuse of court process
- Judges
- RE Aburili
- Legal Topics
- Abuse of Court Process, Duplicative Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alex S. Dianga
Appellant
Jamil Ibrahim Ali
Respondent
Procedural Posture
Civil Appeal / Ruling on Duplicative Appeal and Abuse of Process
Legal Issues
- 1 Whether the filing of multiple appeals arising from the same lower court matter constitutes an abuse of court process.
Ratio Decidendi
The court found that the appellant had filed more than one appeal arising from the same lower court matter (SCCC No. E018 of 2022), resulting in duplicative proceedings. Such conduct constitutes an abuse of the court process. The court exercised its inherent jurisdiction to prevent abuse and dismissed the present appeal, noting that there was no justification for maintaining multiple appeals on the same subject matter. No orders as to costs were made, and the file was ordered closed.
Court Disposition
appeal dismissed as abuse of court process
Orders
- The appeal is dismissed as an abuse of court process.
- No orders as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
Dianga v Ali (Civil Appeal E093 of 2022) [2024] KEHC 4993 (KLR) (15 May 2024) (Ruling)
Neutral citation: [2024] KEHC 4993 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E093 of 2022
RE Aburili, J
May 15, 2024
Between
Alex S. Dianga
Appellant
and
Jamil Ibrahim Ali
Respondent
(Being an appeal from Judgment of the Small Claims Court at Kisumu by Hon. G. C. Serem, Adjudicator, in Kisumu SCCC No. E018 of 2022 delivered on 29th August, 2022)
Ruling
1. Following the orders of this court made on 19th April 2024, it was discovered that the same Appellant herein had also filed another appeal being HCCA No. E093 of 2022 which was concluded.
2. The appeal arises from the same lower court matter being SCCC No. E018 of 2022.
3. HCCA No. E093 of 2022 and SCCC No. E018 of 2022 have been availed herein today. It is not clear whether HCCA No. E093 of 2022 is live or closed.
4. However, as the Appellant duplicated appeals, I find this appeal to be an abuse of court process. It is hereby dismissed with no orders as to costs.
5. This file is closed.
6. This Ruling to be typed.
7. The other files to be returned.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 15TH DAY OF MAY, 2024R. E. ABURILIJUDGE