Case law
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Division and case type: High Court CivilCivil Appeal
…In its ruling, the trial court cited the appellant for contempt pursuant to section 6(c) of the Contempt of Court Act.…
…Further, that section 10 (3) provides the scope of contempt in civil matters.…
Division and case type: High Court Judicial ReviewJudicial Review
…Court may deem fit unless the contempt is purged. 4.…
…application (for contempt) is brought.…
Division and case type: High Court Judicial ReviewJudicial Review
…application (for contempt) is brought.…
…The rest of the rules in that Part 81 provide for the requirements of a contempt application (81.4); service of a contempt application (81.5); cases where no application is required (81.6); directions for hearing of contempt…
Division and case type: High Court Commercial and TaxCommercial Matters
…THAT the Respondent’s Director, SAMUEL KINYANJUI NGOTHO, be cited for contempt of court and be committed to civil jail for a term of six (6) months or until he purges his contempt and complies with the Orders of this Honourable…
…By marking the exhibits as “contempt 1 to contempt 6-4” the exhibits defies Rule 9 of the Oaths and Statutory Declaration Rules.…
Division and case type: High Court FamilyFamily Originating Summons
…She urged the court to cite the Respondent for contempt of court. 3.…
…She submitted two issues, namely, whether the Respondent is in contempt of court and what the available legal recourse is for contempt of court. 8.…
Division and case type: High Court Judicial ReviewJudicial Review
…to make the case for civil contempt.…
…As to whether the accounting officer alleged contemnor is guilty of contempt of court, the element of a Civil Contempt as espoused in a book titled “Contempt in Modern Newzealand authored by the New Zealand Law Commission…
Division and case type: High Court Commercial and TaxCommercial Matters
…Whether the respondents are in contempt of Court Orders made on 12th April 2024. 17.…
…obligation that has been disobeyed, so as to sustain a finding of contempt. 20.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…Therefore, the law that governs contempt of court proceedings is the English law applicable in England at the time the contempt was committed.…
…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: High Court Commercial and TaxCommercial Matters
…Lack of a formal contempt application 7.The 1st defendant complained of absence of a formal application for contempt and committal to jail instituted against him.…
…Court’s power to punish contempt 27.According to the Supreme Court: ‘Courts possess the inherent power to enforce compliance with their lawful orders through sanctions imposed through contempt of court.’…
Division and case type: High Court Judicial ReviewJudicial Review
…Contempt, strictly defined, refers to actions that hinder the fair and efficient operation of the justice system. Contempt of court involves more than simply enforcing compliance with court orders.…
…to make the case for civil contempt.…
Division and case type: High Court Commercial and TaxCommercial Matters
…According to precedents, it is only in cases of contempt of court in the face of the court that a judge has jurisdiction to frame up alleged acts of conflict and require the alleged acts of contempt to plead.…
…The gravamen of their complaint is that this court, acting suo motu, cited the 1st defendant for contempt instead of waiting for the plaintiff to institute contempt proceedings against him. 19.…
Division and case type: High Court Judicial ReviewJudicial Review
…The result was that we reverted to Section 5 of the Judicature Act on matters contempt. 12.…
…(for contempt) is brought. 13.…
Division and case type: High Court Judicial ReviewJudicial Review
…to be in contempt of court, having failed to settle decree for mandamus. 7.…
…There is equally no evidence of settlement of the decree to warrant an order that contempt has been purged, for the 1 st respondent to be discharged from the contempt proceedings. 22.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…purge its contempt. 1st interested party’s submissions Mr.…
…We note that there is a pending application for contempt before the High Court for contempt arising out of what we have now set out to be the status quo.…
Division and case type: High Court DivCommercial Miscellaneous
…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.…
…This ensures that a party will not be found in contempt where an order is unclear.…
Division and case type: High Court Commercial and TaxCommercial Matters
…As such, the prevailing law on contempt in Kenya is the applicable English law on contempt at the time of the commission of the contempt.…
…Perhaps the most comprehensive of the elements of civil contempt was stated by the learned authors of the book Contempt in Modern New Zealand who succinctly stated:- "There are essentially four elements that must be proved…
Division and case type: High Court FamilyFamily Appeal
…The burden rests upon the applicant to establish these elements before a finding of contempt can be made. 24.…
…The dispute centers on whether the Appellant's failure to comply amounted to willful disobedience sufficient to sustain a finding of contempt. 25. Contempt is not established merely by proving non-compliance.…
Division and case type: High Court Judicial ReviewJudicial Review
…(for contempt) is made.…
…Under this Part, there are rules on various aspects of an application for contempt. Rule 81.3, for instance, is on how the application for contempt is made.…
Division and case type: CHR and JRJudicial Review
…court to show cause why he should not be punished for contempt of court”. 3.…
…What this implies is that except for the order meting out punishment for contempt, one needs leave of the court to appeal against any other order in contempt of court proceedings. 17.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…A contempt application must include statements of all the following, unless (in the case of (b) to (g)) wholly inapplicable—the nature of the alleged contempt (for example, breach of an order or undertaking or contempt in…
…if satisfied beyond reasonable doubt of the facts constituting contempt and that they do constitute contempt; that if the court is satisfied that the defendant has committed a contempt, the court may punish the defendant…