Abdalla v Ewins (Civil Appeal E087 of 2021) [2026] KEHC 5831 (KLR) (30 April 2026) (Ruling)

Abdalla v Ewins (Civil Appeal E087 of 2021) [2026] KEHC 5831 (KLR) (30 April 2026) (Ruling)

The application was an attempt to circumvent the notice to show cause process properly before the Deputy Registrar, constituting an abuse of court process; the court declined jurisdiction and dismissed the application.

Citation
[2026] KEHC 5831 (KLR)
Parties
Appellant: Wanjiru Yusuf Abdalla; Respondent: Elizabeth Mweni Ewins
Court
High Court
Jurisdiction
Kenya
Judgment Date
30 April 2026
Case Number
Civil Appeal E087 of 2021
Procedural Posture
Civil Appeal / Ruling on Notice of Motion Post Dismissal of Appeal
Outcome
application dismissed with costs to respondent
Legal Topics
Execution of Decrees, Payment by Instalments, Abuse of Court Process
Source Language
English
Civil Procedure Execution of Decrees Payment by Instalments Abuse of Court Process

Case Brief

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Parties

Wanjiru Yusuf Abdalla

Appellant

Elizabeth Mweni Ewins

Respondent

Procedural Posture

Civil Appeal / Ruling on Notice of Motion Post Dismissal of Appeal

Legal Issues

  1. 1 whether the applicant should be allowed to pay the taxed costs in monthly instalments
  2. 2 whether the notice to show cause was premature and defective
  3. 3 whether the application constituted an abuse of court process

Ratio Decidendi

The application was an attempt to circumvent the notice to show cause process properly before the Deputy Registrar, constituting an abuse of court process; the court declined jurisdiction and dismissed the application.

Court Disposition

application dismissed with costs to respondent

Orders

  • application dated 25.10.24 dismissed
  • costs awarded to respondent