1. The contempt application herein was found necessary on account of non information being forwarded in good time as ordered by the court. The Plaintiff, 2nd and 3rd defendants were under an obligation to provide information within the period directed by the court. They failed to do so necessitating the contempt application by the 1st defendant.
2. On the other hand, the 1st defendant should not have filed the contempt application without first conducting due diligence on the status of transfer of the motor vehicle. The application was filed prematurely and had they waited, it would have become apparent that the contempt application was not necessary.
3. In the intervening period, the application for reinstatement of interim orders got caught up in this process. As such, given the role of each of the parties in the events that unfolded, the fair and just orders to grant, taking into account the discretion granted under Section 27 (1) of the Civil Procedure Act is that each party shall bear its own costs of the applications.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 2ND DAY OF JULY 2026.
F. MUGAMBI
JUDGE
2. On the other hand, the 1st defendant should not have filed the contempt application without first conducting due diligence on the status of transfer of the motor vehicle. The application was filed prematurely and had they waited, it would have become apparent that the contempt application was not necessary.
3. In the intervening period, the application for reinstatement of interim orders got caught up in this process. As such, given the role of each of the parties in the events that unfolded, the fair and just orders to grant, taking into account the discretion granted under Section 27 (1) of the Civil Procedure Act is that each party shall bear its own costs of the applications.
DATED, SIGNED AND DELIVERED AT NAIROBI
THIS 2ND DAY OF JULY 2026.
F. MUGAMBI
JUDGE