Case law
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Division and case type: High Court CivilCivil Appeal
…Whether the Respondents had knowledge of the court order and its terms? 14.…
…The Appellant submitted that the Respondents willfully disobeyed a clearly worded court order to release the vehicle, instead giving a false excuse that it had been sold, in direct contradiction to the court's order.…
Division and case type: High Court DivCriminal Appeal
…cation by John Kagati Kibuti claiming purchaser’s interest and court order directing no dealings on the land the mess, which purported court order led to the unearthing of the alleged shady transaction leading to the 3rd…
…Upon considering the evidence the learned trial magistrate acquitted the 1st and 2nd accused persons on count I (Forgery of judicial document, the court order) and count II (uttering a false document, the same court order…
Division and case type: High Court DivCriminal Appeal
…cation by John Kagati Kibuti claiming purchaser’s interest and court order directing no dealings on the land the mess, which purported court order led to the unearthing of the alleged shady transaction leading to the 3rd…
…Upon considering the evidence the learned trial magistrate acquitted the 1st and 2nd accused persons on count I (Forgery of judicial document, the court order) and count II (uttering a false document, the same court order…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Kibiku & co. advocates, being the first contemnor herein is in contempt of the court order issued on 15th August 2023.…
…The applicant has argued that the contemnors deliberately disobeyed the court order dated 15/8/2023 despite the terms being clear by retaining the motor vehicle for 49 days.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The registration number in the court order is Motor Vehicle Registration KBU 296A while that in the Application is KBV 296 A.…
…I have perused the court order previously issued by Honourable Lady Justice A. Ongeri.…
Division and case type: High Court DivCivil Appeal
…The applicant submits that contempt of Court constitutes the willful disobedience of a Court Order.…
…The third Court Order was issued on the 17th December, 2024 by Hon. Justice F.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…As such, the court is called upon to determine whether proof of a court order to establish that leave had been granted or otherwise is a matter of law or fact.…
…There is no evidence on record that the appellant cross-examined the respondent on the proof of the disputed court order.…
Division and case type: High Court CriminalCriminal Appeal
…He also saw the Court Order of Case No E 527 OF 2023 the purpose was to grant access to his mum’s funds in the two accounts.…
…Order .…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The question that immediately arises is whether a subordinate Court whose order has been breached can punish for the breach without reference of the matter to the High Court.…
…The learned Honourable Magistrate took issue with the Appellants failure to inform Easy Track that there was a Court order for the status quo to be maintained despite knowledge of order.…
Division and case type: High Court CivilCivil Appeal
…There is no dispute that the court order was served upon the respondent.…
…Kenya’s growing jurisprudence right from the court of appeal has reiterated that knowledge of a court order suffices to prove service and dispense with personal service for the purposes of contempt proceedings.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The question that immediately arises is whether a subordinate Court whose order has been breached can punish for the breach without reference of the matter to the High Court.…
…The learned Honourable Magistrate took issue with the Appellants failure to inform Easy Track that there was a Court order for the status quo to be maintained despite knowledge of order.…
Division and case type: High Court CivilCivil Appeal
…The learned magistrate erred in law and facts by not finding that the respondents disobeyed court order staying the sale of A cow and Calf in execution of none existing judgement. f.…
…The appellant submitted that the respondents defied court orders despite being served, and sought that this court order the respondents to refund the appellant for wrongful execution, with costs.…
Division and case type: High Court DivCivil Appeal
…It maintained that the account was flagged pursuant to a a lawful court order authorising investigations suspected fraudulent dealings.…
…The Appellant contended that the absence of an express court order directing the freezing of his account rendered the 1st Respondent’s actions unlawful and unjustification.…
Division and case type: High Court CivilCivil Appeal
…It is a powerful remedy that allows a landlord to recover rent arrears without the need for a court order. However, with great power comes great responsibility.…
…The court held: "The Distress for Rent Act and the common law do not require that the same be founded on a court order.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The question is therefore whether the appellants were correctly found to have disobeyed the court order. There is no dispute that the court order was made in the presence of the advocate for the appellant.…
…Kenya’s growing jurisprudence right from the court of appeal has reiterated that knowledge of a court order suffices to prove service and dispense with personal service for the purposes of contempt proceedings.…
Division and case type: High Court DivCivil Appeal
…The appellant stated that It is essential for the Court to commit the contemnors to jail to compel obedience of the Court order. Respondent’s case 9.…
…I have looked at the court order issued by the court and it is clear that the order issued by the court was clear and unambiguous and was addressed to the respondents, hence binding upon him. 26.…
Division and case type: High Court DivCivil Appeal
…order dated 18th October 2019; b) That the 1st Respondent, Mary Wanjiku Njenga, was in contempt of paragraph 3 of the court order issued on 18th October 2019; and c) That the parties were at liberty to apply for a fresh…
…order dated 18th October 2019. 2.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It was argued that the Appellant failed to obtain a court order marking the decree as satisfied or to enter into a formal consent. 14.…
…The 1 st Respondent maintained that there was no formal court order recording satisfaction of the decree. 17.…
Division and case type: High Court CivilCivil Appeal
…order.…
…That the Respondent failed to comply with the said court order.…
Division and case type: High Court DivCivil Appeal
…Pay the monthly maintenance arrears as per the Court Order dated 1st October 2021 34.…
…I maintain the trial court’s judgment and order on the matter. 49.…