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…That this Honourable Court be pleased to revive this suit which abated by this Court's order on 2nd July, 2012. 2.…

…Miss Mungai’s contention was that as a result of service of the particulars outside the time agreed between the parties, the Respondent was in breach of a court order and was in contempt of pre-existing court order entered…

…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.…

…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…

…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…