Case law
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Division and case type: High Court CivilCivil Appeal
…That while the said appeal is still pending, the respondent took out a Notice to Show Cause why he should not be committed to civil jail.…
…The matter had only come for directions on the sad date as to the filing of submissions or the hearing of the Notice to Show Cause. The Court made a final pronouncement on the Notice to Show Cause pre-maturely. 12.…
Division and case type: High Court CivilCivil Appeal
…E133 of 2022 and in particular the Notice to Show Cause issued therein pending the hearing and determination of the appeal herein. 2.…
…to Show Cause. 4.…
Division and case type: High Court CivilCivil Appeal
…Accordingly, the Court declines to dismiss the appeal at this stage and instead directs that a Notice to Show Cause be issued to the Appellant pursuant to Order 42 Rule 35(2). 9.…
…to Order 42 Rule 35(2) of the Civil Procedure Rules. 2) The Notice to Show Cause shall be served upon the Appellant, for hearing of the Notice to Show Cause on 26th October 2026. 3) Costs of the Notice of Motion dated 30th…
Division and case type: High Court CivilCivil Appeal
…to Show Cause that was unlawful and incurably defective by reason of the said Notice to Show Cause having unjustifiably inflated the decretal debt by a whole Kshs 51,500/= from the lower sum of Kshs 183,000/= to the grossly…
…The Appellant submitted that the impugned warrant of arrest was founded upon an unlawful and defective Notice to Show Cause.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…That since judgment was entered in 2020, execution could not proceed without first issuing a Notice to Show Cause. He urged that the appeal be allowed as prayed. Analysis and Determination 6.…
…whom execution is applied for and an order of execution had been made against such person, then notice to show cause would not be necessary. 11.…
Division and case type: High Court DivCivil Appeal
…T.A Odawo SRM, in Bungoma CMCC No.277 of 2019 delivered on 24TH April, 2025, in which the trial court dismissed the Appellants' objection to a Notice to Show Cause and proceeded to issue warrants of arrest against them.…
…Madowo, SRM) dismissed the objection and directed that the Notice to Show Cause hearing to proceed, with warrants to issue only if the Appellants failed to attend.…
Division and case type: High Court DivCivil Appeal
…That the said Sylvester Njeru passed away and so the respondents filed another notice to show cause against Joseph Munyi, the vice chairperson of the applicant.…
…The impugned ruling arose from notice to show cause proceedings before the Deputy Registrar.…
Division and case type: High Court CivilCivil Appeal
…That the appellant had not disputed the address for service on the Notice to Show Cause thus demonstrating that he had been served. 7.…
…to show cause.’ 9.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Notice to Show Cause came up for hearing on 23.08.2022 and in the absence of the Appellant, the court issued warrants of arrest and committal to civil jail.…
…The Appellant at paragraph 2 of his supporting affidavit sworn on 23.08.2022 deponed that he was served with the Notice to Show Cause why he should not be committed to civil jail.…
Division and case type: High Court DivCivil Appeal
…The Appellant filed an Affidavit in Response to the Notice to Show Cause, sworn on 13th March 2019 by one David Irungu Kiiru, the Society's Manager.…
…Whether the learned trial Magistrate failed to consider the Appellant's Affidavit in Response to the Notice to Show Cause; and iv.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…to Show Cause. 3.…
…A perusal of the record reveals that the matter had been fixed for mention on 31st January 2024 for purposes of a Notice to Show Cause.…
Division and case type: High Court CivilCivil Appeal
…The appeal is against a ruling of the trial court on a Notice to show cause in execution of decree proceedings.…
…to Show Cause in 2023. 38.…
Division and case type: High Court CivilCivil Appeal
…to Show Cause in execution.…
…to Show Cause why the Appellant should not be committed to civil jail.…
Division and case type: High Court DivCivil Appeal
…The appellant did not attend court subsequently leading to the Notice to Show Cause which was heard and discharged on 29 th February, 2024 and further directions given. 7.…
…A Notice to show cause had earlier been issued. A proper Notice was also issued. Clearly the Appellant is not keen to succeed. 12. Accordingly, the Appeal is dismissed under Order 42 Rule 20 for Non- attendance. 13.…
Division and case type: High Court CivilCivil Appeal
…The respondent filed a Notice to Show Cause why execution by arrest and committal to civil jail should not issue, dated 24th July 2024. The trial court allowed the Notice to Show Cause on 15th August 2023. 3.…
…Counsel submitted that the appellant only became aware of the existence of the suit when she was served with a Notice to Show Cause.…
Division and case type: High Court DivCivil Appeal
…On 28/5/2025, the Deputy Registrar noted that the appellant’s side had been granted sufficient time to effect the substitution but had failed to do so, and accordingly listed the appeal for Notice to Show Cause before this…
…The matter came before this court on 9/7/2025, when, despite prior service of the Notice to Show Cause, there was no appearance by the appellant. The court dismissed the suit for want of prosecution. 13.…
Division and case type: High Court CivilCivil Appeal
…directions had been issued by the honourable court. c) That the applicant has informed of the dismissal upon mapping the appeal in his judiciary filing portal on 15th September 2025. d) That applicant did not receive the said notice…
…to show cause to attend court. e) The applicant was therefore not aware of the notice to show cause date on the 25th June 2025. f) The applicant had not failed to move court as he was following proceedings at the Small Claims…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Wendy Micheni C.M(as she then was) and indicated to the court that the matter was to come up for a notice to show cause on the 11th December 2023.…
…In the instant case the parties did not consent to proceeding with the Notice to show cause substantively.…
Division and case type: High Court CivilCivil Appeal
…E463 of 2023, together with all consequential execution proceedings, including the Notice to Show Cause dated 24 th April 2026, pending the hearing and determination of the appeal. 2.…
…The Notice to Show Cause dated 24 th April 2026 expressly contemplates the Applicant's arrest and committal to civil jail for non-payment of the decree. 27.…
Division and case type: High Court CivilCivil Appeal
…The Court issued a notice to show cause as the record of appeal had not been filed, and gave a mention dated for 10.7.24. Come the mention date and the Appellant stated that he still wished to pursue the matter.…
…The Court issued a notice to show cause after it was informed that the record of appeal had not been served upon the Respondents. 7.…