Case law
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Division and case type: CivilCivil Case
…That in matters of disobedience the procedure of court orders under order XXXIX of the Civil Procedure Code, a way of dealing with the situation is set out in rule 7.…
…Perhaps the 1st point to deal with is whether disobedience of a court order amounts to a contempt of court.…
Division and case type: CivilCivil Appeal
…order.…
…The matter came up for mention on 8th June, 1990, and stay order was extended “until further order of this Court.”…
Division and case type: CivilCivil Appeal
…There was disobedience of court order. That seemed to me the factor that weighed more on Platt J.A's mind. In this case there is no disobedience of court order.…
Division and case type: CivilCivil Appeal
…The ground on the body of the application and the supporting affidavit were simply that pursuant to the court order dated 17th May 1993 counsel for the appellant deposited into court Kshs.10,000/= each in respect to HCCA…
…The appeals were argued by written submissions of counsel for the parties which were filed in court – (see the order of court – Justices Amin (as he was then and Kuloba dated 27th July 2000).…
Division and case type: CivilCivil Case
…The defendant/applicant was aggrieved by that assessment and filed notice of appeal intending to appeal against the decree but before that could be done the court made an order that Kshs.361, 111.00 be paid out to the plaintiff…
…The grounds in support of the application are that fees have not been paid and in the absence of an order of court to the effect that fees are not to be paid the proceedings are a nullity and the respondent should be ordered…
Division and case type: CivilCivil Appeal
…Determination of the question whether the High Court exceeded its jurisdiction by nding the applicants to be in contempt of a court order. b.…
…Hadkinson, which held that a person who knows of an order of the Court, whether null or valid, regular or irregular, cannot be permitted to disobey it. 40.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…In the Supporting affidavit the Plaintiff depones that the defendant in compliance with the Court of Appeal Order opened the account with the sum of kshs.1,658,949/65 leaving a deficit of kshs.584,640/27.…
…There was also a prayer for the court to make such other or further order as the court may deem necessary to make in its inherent jurisdiction, plus costs of the application.…
Division and case type: CivilCivil Case
…leave no doubt that the land was to be registered in the name of Wangari Kongu “to hold in trust for Karanja Gachina” and, the entry of the defendant as the holder of the land in trust for the plaintiff followed the said court…
…order.…
Division and case type: CivilCivil Appeal
…The Respondent has no power or authority to continue detaining the Applicant’s sugar consignment in violation of the court order issued on 10th June, 2004. v.…
…THAT on 10th June, 2004, the Court made its order in a judgment delivered on the same day releasing the sugar. 9.…
Division and case type: CivilCivil Case
…If it is true that the 1st defendant had notice of the court order restraining him from selling the property on 12th March 1987 and if it is also true that the 2nd defendant was aware of advanced negotiations to sell the…
Division and case type: CivilCivil Case
…by order .................... as the court thinks fit.…
…Thus the power of the court to order the injunction prayed for flows from the authority of this rule.…
Division and case type: CivilCivil Case
…That there be a stay of the subordinate Court’s order pending the hearing and final determination of the originating motion to be heard today at 3:00 p.m. before the Nakuru High Court.…
…Time had been wasted due to distance involved between Nyeri and Kipipiri, and some difficulties encountered when obtaining the High Court Order.…
Division and case type: CivilCivil Appeal
…On December 30, 1986 the plaintiff widow moved to High Court, Nairobi under order 39 rule 1 and 2 of the rules seeking orders that the defendants and each of them be restrained by injunction from removing the body of the…
…order.…
Division and case type: Milimani Commercial CourtsCivil Appeal
…Counsel for the appellant submitted mainly on the court order for payment of Kshs.50,000/= saying there was no evidence to support this claim because none was adduced to show that the appellant opened premises.…
Division and case type: CivilCivil Appeal
…Thereafter on 25th November, 1981, an originating summons was filed and having received some respite by the court order granting them time to vacate by 30th November, 1982, the eventual filing of the review application a…
Division and case type: Milimani Commercial CourtsCivil Case
…In reply counsel for the plaintiff stated that it has already been ruled by the court that the order for police supervision should not have been made and the same has been set aside or stayed; that he has to show by law that…
…It is clear that when the plaintiff withdrew his suit it did not pull down the defendant’s counter claim and that is why the court made an order that he should process the counter claim for hearing and final determination…
Division and case type: CivilCivil Case
…I have given serious consideration to all the mattersthat were urged before this court in this application including theallegations made by the Plaintiffs that the Defendant has breachedthe court order which they now seek…
Division and case type: CivilCivil Appeal
…The reason for that degree of protection is that the sheriff or bailiff is bound to execute a court order. He has no option but to do so. Therefore, he has to have protection.…
…I say this despite the wrong indication in the proclamation, Ex 4, which would mislead the reader into thinking that there had, indeed, been an order of the Court.…
Division and case type: Milimani Commercial CourtsCivil Case
…The proposition that a person instituting legal proceedings before a court is not liable in respect of imprisonment where the imprisonment is the result of a court order has long been established in English law; Lock v Ashton…