Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors

Mr. Arip is in contempt of court for failing to comply with the order to deliver up specified wristwatches, having been served and given ample notice, and the court may proceed with committal and sentencing in his absence due to his deliberate disengagement and lack of defence.

Parties
Claimant: Kazakhstan Kagazy PLC; Claimant: Kazakhstan Kagazy JSC; Claimant: Prime Estate Activities Kazakhstan LLP; Claimant: Peak Akzhal LLP; Claimant: Astana - Contract JSC; Claimant: Paragon Development LLP; Defendant: Baglan Abdullayevich Zhunus; Defendant: Maksat Askaruly Arip; Defendant: Shynar Dikhanbayeva; Defendant: Sholpan Arip; Defendant: Larissa Asilbekova; Additional Party: Harbour Fund III LP
Jurisdiction
England and Wales
Judgment Date
29 August 2019
Procedural Posture
Application for Committal for Contempt of Court / Judgment and Sentencing
Outcome
Mr. Arip found in contempt of court and committed to prison for two years.
Legal Topics
Committal for Contempt, Non Compliance With Court Orders, Enforcement of Judgments
Civil Procedure Contempt of Court Judgment Enforcement Committal for Contempt Non Compliance With Court Orders Enforcement of Judgments

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Parties

Kazakhstan Kagazy PLC

Claimant

Kazakhstan Kagazy JSC

Claimant

Prime Estate Activities Kazakhstan LLP

Claimant

Peak Akzhal LLP

Claimant

Astana - Contract JSC

Claimant

Paragon Development LLP

Claimant

Baglan Abdullayevich Zhunus

Defendant

Maksat Askaruly Arip

Defendant

Shynar Dikhanbayeva

Defendant

Sholpan Arip

Defendant

Larissa Asilbekova

Defendant

Harbour Fund III LP

Additional Party

Procedural Posture

Application for Committal for Contempt of Court / Judgment and Sentencing

Legal Issues

  1. 1 Whether Mr. Arip is in contempt of court for failing to comply with the order to deliver up specified wristwatches.
  2. 2 Whether it is appropriate to proceed with the committal application and sentencing in Mr. Arip's absence.

Ratio Decidendi

Mr. Arip is in contempt of court for failing to comply with the order to deliver up specified wristwatches, having been served and given ample notice, and the court may proceed with committal and sentencing in his absence due to his deliberate disengagement and lack of defence.

Court Disposition

Mr. Arip found in contempt of court and committed to prison for two years.

Orders

  • Mr. Arip to be committed to prison for two years for contempt of court.
  • Mr. Arip may apply to vary or discharge the committal order if he complies with the order or provides an explanation.