Judgment[1994] KECA 114
Case law
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Division and case type: CivilCivil Appeal
…How can this Court in this application filed on 28th October, 1993, find Mr Malakwen guilty of contempt of an order which had not been served on him prior to the filing of the application?…
…As the hearing of the application was not concluded on 25th May, 1990, the interim order was extended until the final disposal of the application.…
Division and case type: CriminalCase number Criminal Application
…IN THE COURT OF APPEAL AT NAIROBI ( Coram: Cockar, Omolo, Tunoi JJ A ) CRIMINAL APPLICATION NAI. 4 OF 1994 BETWEEN REPUBLIC.................................................................................APPLICANT AND 1.…
…Contempt proceedings do not fall outside the application of these general principles. We do not see any merit in the objections and we overrule them. Dated and Delivered at Nairobi this 27th day of April 1994.…
Division and case type: CivilCivil Appeal
…IN THE COURT OF APPEAL AT NAIROBI (CORAM: NYARANGI, PLATT & GACHUHI JJA) CIVIL APPLICATION NO.…
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
Division and case type: CivilCivil Case
…However, before the application could be argued on its merits, Mr Vohra for the respondent raised a preliminary objection to the effect that the application is misconceived in that it is asking for an order to commit the…
…In this case, and at the present moment the application on record is for an order for committal to civil jail, for breaching a court order. The application has, of course, not yet been argued.…
Division and case type: CivilCivil Appeal
…It says in terms that an application shall be made ex parte. This is a strong indication that the judge is to decide the application on hearing one side only.…
…The proposed defendant is not a party to that application. Indeed he cannot be for the simple reason that section 28(1) mandates that the such application "shall be made ex-parte."…