Woman who accused judge fails to produce evidence

Court of Appeal has absolved a judge from blame after a woman accused him of issuing conflicting rulings on the same case.

This is after Dorothy Seyanoi Moschion failed to produce the two alleged conflicting decisions she claimed to have been delivered by Justice Makhandia Asike (pictured) in a case involving a piece of land in Karen, Nairobi.

Quoting French Political Sociologist, Montesquieu, the court said, “There is no greater tyranny than that which is perpetrated under the shield of the law and in the name of justice”.

Appellate judges William Ouko, Daniel Musinga and Gatembu Kairu said as we become more litigious as a nation, there is need for people to ask themselves whether litigants are using courts to promote the administration of justice or frustrate it. “Pursuing a claim in bad faith and with no genuine belief in its merits, or for an improper ulterior motive is an abuse of the process of the court,” read part of the ruling delivered on May 24 this year.

The appellate court ruled that Ms Moschion failed to meet the threshold for review of an order issued by the court denying her an injunction stopping the sale or transfer of the suit property she has been embroiled in a legal tussle with Ms Deborah Aduda and Rene Dierkx.

The court added that as time is being wasted in “sideshows” the appeal which ought to be her main focus is yet to be filed. The case was as a result of sale of the property described in the sale agreement dated February, 2012 as subplot B measuring one acre to be hived off the land situated in Karen as a consequence of breach of contract of sale of the property.

Moschion had claimed in court that Justice Makhandia delivered the first ruling in an open court on March 8, in which he allegedly allowed her to file a record of appeal within 14 days and later on dismissed her application in another ruling made the same day afternoon.

She wanted the judgment delivered by High Court Judge Kossy Bor that barred her from selling, occupying or dealing with the land in question suspended, pending hearing and determination of her appeal.