KCC 178/2012

This case involved whether there was a misuse of the right to litigation.

Background

The documents of the case revealed that the court concluded that the two litigant did not misuse the right to litigation and did not intend to cause damage to the appellant.

Decision

The court said that the litigants replaced the general bureau for underage persons in its case against the appellant as a trustee of their father. The court said that the case was filed in order to dismiss the document by which the litigants' father ceded his complaint against the appellant though he breached trust. The court said that the court dismissed the document and reserved the case and therefore the plea made by the litigants against the reservation of the case was justified. The court said that the appellant's defence was irrelevant in this regard.

The court dismissed the appeal