n Without Prejudice - Confronting vexatious proceedings : dispute resolution

Volume 14, Issue 11
  • ISSN : 1681-178X



Our law has no all-embracing definition of what abuse of court process entails. However, a court is entitled to protect itself and its subjects against the abuse of its process. As the law stands we rely on jurisprudence setting out instances of abuse of court process to determine this on a case by case basis. As long as this prevails, a defendant to summons issued out of our courts will continue to be forced into defending court actions that are wholly an abuse of the court process.

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