Mr Newton Dongo launched a litany of applications at the
higher court in a bid to retain occupation of the property, which does not
belong to him but to Mr Amos Matengambiri.
In more than seven court process, Mr Dongo sought an order
declaring him the owner of the property. This prompted Mr Matengambiri to
approach the same court for a decree of perpetual silence against the litigious
Mr Dongo.
He argued Dongo had become a nuisance both to the court and
the applicant and the several court processes where meant to frustrate him.
After hearing arguments from both parties, Justice Owen
Tagu granted the application by Mr Matengambiri for perpetual silence against
Mr Dongo.
In his ruling, the judge noted that there had been repeated
and persistent litigations between the same parties with Mr Dongo filing more
than seven applications fighting tooth and nail to have himself declared the
rightful owner of the property.
He did this with full knowledge that he did not have a
legitimate claim, the judge noted, finding that Mr Dongo’s behaviour was
befitting that of a vexatious litigant.
In addition, the judge said Mr Dongo’s behaviour clogged
the courts and put the applicant under unnecessary legal expenses.
“I am, therefore, fortified in my belief that the
respondent is a vexatious litigant who has clogged the courts with a litany of
groundless litigation in a bid to retain occupation of property which does not
belong to him.
“The respondent has become a nuisance both to court and the
applicant,” said the judge interdicting Mr Dongo from instituting any
litigation against Mr Matengambiri.
Justice Tagu said courts have a duty to guard against
abuses such as the ones instituted by Mr Dongo.
He said where there was unmitigated abuse as in the present
case, it was only proper for the court to shut its doors or put in place terms
on how one may be allowed to exercise his or her rights of access to the
courts. Herald
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