[2006] KEHC 398 (KLR)
The court found the application for leave to institute contempt proceedings to be reasonable. The judge exercised discretion to grant leave, recognizing the importance of upholding the authority of the court and ensuring compliance with its orders. The absence of opposition and the prima facie case made by the...
Source-derived case information.
- Citation
- [2006] KEHC 398 (KLR)
- Parties
- Applicant: AL MALIK BROTHERS MOTORS LTD; Respondent: JACKLINE KEMUNTO ONDARI; Respondent: CONARD OSORO
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 201 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Institute Contempt Proceedings
- Outcome
- application allowed
- Legal Topics
- Contempt of Court, Leave to Institute Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AL MALIK BROTHERS MOTORS LTD
Applicant
JACKLINE KEMUNTO ONDARI
Respondent
CONARD OSORO
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Institute Contempt Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to institute contempt proceedings against the contemnor.
Ratio Decidendi
The court found the application for leave to institute contempt proceedings to be reasonable. The judge exercised discretion to grant leave, recognizing the importance of upholding the authority of the court and ensuring compliance with its orders. The absence of opposition and the prima facie case made by the applicant justified the grant of leave. The applicant was therefore allowed to file contempt proceedings within 14 days.
Court Disposition
application allowed
Orders
- Applicant granted leave to institute proceedings for contempt against the contemnor.
- Application for contempt to be filed within 14 days.
Full Case Text
Judgment text and source record
15 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Misc Appli 201 of 2005
AL MALIK BROTHERS MOTORS LTD ……....…… APPLICANT
VERSUS
JACKLINE KEMUNTO ONDARI
CONARD OSORO………...................................… RESPONDENTS
RULING
I have carefully considered the application I find it to be reasonable and therefore allow the same. Applicant granted leave to institute proceedings for contempt against the contemnor. Application be filed within 14 days.
Dated 18th October 2006.
KABURU BAUNI
JUDGE
c.c. Mobisa
Mr. Minda for Timamy for Applicant