Case law
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Division and case type: Environment and Land CourtCivil Suit
…Furthermore that the honorable court do find, hold and declare that Josephat Odaro Wazir is jointly and/or severally in contempt and/or performed Acts and/or omissions in contempt of the orders of court issued herein on 3…
…In light of the gravity of the consequences that ordinarily flow from contempt proceedings, it is only proper that the order be served so that the person cited for contempt is aware of that order.…
Division and case type: Environment and Land CourtELC Environment & Planning Civil Suit
…The applicable law as regards contempt of court existing before the enactment of the Contempt of Court Act was restated by the Court of Appeal in Christine Wangari Gachege vs.…
…That court draws its jurisdiction to punish for contempt of court from both the statute, namely the Contempt of Court Act, 1981 and the Common Law.…
Division and case type: Environment and Land CourtELC Land Petition
…However, contempt proceedings being quasi- criminal in nature, the contempt must be proved to the required degree.…
…of the consequences that flowed from contempt proceedings, courts required to adhere to the principles of natural justice, procedural fairness and a right to be heard…because contempt proceedings being quasi-criminal, required…
Division and case type: Environment and Land CourtELC Land Petition
…However, contempt proceedings being quasi- criminal in nature, the contempt must be proved to the required degree.…
…of the consequences that flowed from contempt proceedings, courts required to adhere to the principles of natural justice, procedural fairness and a right to be heard…because contempt proceedings being quasi-criminal, required…
Division and case type: Environment and Land CourtCivil Suit
…the personal liberties of the persons held in contempt.…
…to make the case for civil contempt.…
Division and case type: Environment and Land CourtCivil Suit
…the personal liberties of the persons held in contempt.…
…to make the case for civil contempt.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…the personal liberties of the persons held in contempt.…
…to make the case for civil contempt.…
Division and case type: Environment and Land CourtCivil Suit
…the personal liberties of the persons held in contempt.…
…to make the case for civil contempt.…
Division and case type: Environment and Land CourtCivil Suit
…the personal liberties of the persons held in contempt.…
…to make the case for civil contempt.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…for such contempt.…
…governing contempt proceedings were well established in Law wherein the onus lay squarely on the Applicants to strictly prove that the Respondents were in Contempt.…
Division and case type: Environment and Land CourtELC Land Appeal
…Whether the trial court erred in finding the appellants in contempt of court 26. Contempt of court, although its process is quasi judicial, is a serious offence.…
…the act which is the subject matter of the contempt proceedings.…
Division and case type: Environment and Land CourtCivil Suit
…the personal liberties of the persons held in contempt.…
…to make the case for civil contempt.…
Division and case type: Environment and Land CourtCivil Suit
…The defendants be summoned to attend court to show cause why they should not be found in contempt of court and committed to civil jail for impunity and contempt of court orders issued on 31.1.2019; 4.…
…On whether the respondents are in contempt of court for willingly disobeying the court order issued on 31st January 2019, the applicant submits that the respondents are guilty of civil contempt of court.…
Division and case type: Environment and Land CourtCivil Suit
…was estopped from alleging contempt arising from its own non-compliance.…
…It follows therefore, contempt proceedings being quasi-criminal in nature, a corporate entity such as the 1st Defendant cannot itself be held in contempt.…
Division and case type: Environment and Land CourtELC Land Appeal
…That the learned trial magistrate erred in law and in fact in failing to find that the order that allegedly bore fruit to the contempt proceedings had expired as at the time of the alleged contempt.…
…of court proceedings; What was the standard of proof to condemn contemnors in contempt proceedings; Whether the court presiding over contempt proceedings had a right to ignore deliberate the responses/ defence placed before…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The Plaintiff/ Applicant submitted on several issues being; whether there was service of the said orders which are the subject of the instant contempt proceedings; whether there is contempt or evidence of contempt by the…
…On whether there is contempt or evidence of contempt, it was submitted that in fact the acts of contempt complained off are still going on.…
Division and case type: ELC AppealsELC Land Appeal
…specific allegations of contempt.…
…The Court cannot, at this stage, make a final and conclusive determination on the question of contempt without affording the Respondents a full opportunity to address the contempt issues squarely. …
Division and case type: Environment and Land CourtOriginating Summons (OS)
…Rule 81.4 of this England and Wales Civil Procedure Rules deals with the ingredients of contempt applications and provides: - “(1) Unless and to the extent that the court directs otherwise, every contempt application must…
…if satisfied beyond reasonable doubt of the facts constituting contempt and that they do constitute contempt; (p)that if the court is satisfied that the defendant has committed a contempt, the court may punish the defendant…
Division and case type: Environment and Land CourtELC Land Appeal
…Whether the respondents are in contempt of court. What orders should this court issue? On the 1st issue, the law governing contempt proceedings is found in Section 5(1) of the Judicature Act.…
…with which, an alleged contempt is committed— (a) the contempt application and evidence in support may be served on the representative for the defendant unless the representative objects in writing within seven days of receipt…
Division and case type: Environment and Land CourtCivil Suit
…That the 2nd & 5th defendants and their advocates be denied audience until they purge the contempt. c.…
…In any case, the contempt application was filed first. b. Contempt of court was discussed in the case of Republic versus Kajiado County & 2 Others ex parte Kilimanjaro Safari Club Limited J.R.…