Abuse of process
Doctrine in Civil Procedure. 7 cases, with the principle each one established. By lanbuk.com.
- Ali v First Capital Bank (Commercial Cause 52 of 2024) [2024] MWHC 14 (15 April 2024)
Malawi · 2024
Principle established: A court may refuse or discharge an injunction where the claimant has failed to disclose material facts or has misled the court regarding related pending criminal proceedings.
- Democratic Progressive Party v Malawi Electoral Commission (Civil Cause 127 of 2024) [2024] MWHC 51 (9 October 2024)
Malawi · 2024
Principle established: Courts possess inherent jurisdiction to protect their procedures against abuse and may reject claims that fail to supply necessary facts or legal basis for the alleged violation of rights.
- Eyamide Jones Harding V Ade E. S. Palmer (MISC APP 214 of 2013) [2014] SLCA 4 (26 March 2014)
Sierra Leone — Court of Appeal · 2014
Principle established: An action may be struck out as an abuse of process if it seeks to re-litigate issues that have already been adjudicated upon by a court of competent jurisdiction.
- Magombo v Nserebo (64 of 2024) [2024] MWHC 59 (17 July 2024)
Malawi · 2024
Principle established: An action seeking to set aside a consent judgment may be dismissed if it fails to disclose a reasonable cause of action or is deemed frivolous, vexatious, or an abuse of process.
- Magombo v Nserebo (64 of 2024) [2024] MWHC 60 (17 July 2024)
Malawi · 2024
Principle established: An action seeking to set aside a consent judgment may be dismissed if it fails to disclose a reasonable cause of action or is deemed frivolous, vexatious, or an abuse of process.
- Member of the Executive Council Department of Agriculture, Rural Development, Land & Environmental Affairs Mpumalanga Province v Kanjani (Pty) Ltd (57611/2014) [2022] ZAGPPHC 483 (22 June 2022)
South Africa · 2022
Principle established: A court may dismiss an action where there has been an unreasonable and inexcusable delay in prosecution that results in prejudice to the other party or an abuse of process.
- Timbo v. Jalloh (CIV APP 15 of 1952) [1953] SLCA 4 (18 June 1953)
Sierra Leone — Court of Appeal · 1953
Principle established: Failure to give required procedural notice after prolonged inactivity during interlocutory stages of a suit renders subsequent proceedings grossly irregular, warranting dismissal of the action for want of prosecution.