[2006] KEHC 55 (KLR)

[2006] KEHC 55 (KLR)

The court found the application for leave to institute contempt proceedings to be reasonable. Consequently, the applicant was granted leave to file contempt proceedings against the contemnor, with the application to be filed within 14 days. The decision was based on the court's assessment that the threshold for...

Source-derived case information.

Citation
[2006] KEHC 55 (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
Children Miscellaneous Application APPLI201 of 2005
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Institute Contempt Proceedings
Outcome
Application allowed. Leave granted to applicant to institute contempt proceedings. Application to be filed within 14 days.
Judges
K Bauni
Legal Topics
Contempt of Court, Leave to Institute Proceedings
Source Language
en
Civil Procedure Contempt of Court Leave to Institute Proceedings

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. 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. Consequently, the applicant was granted leave to file contempt proceedings against the contemnor, with the application to be filed within 14 days. The decision was based on the court's assessment that the threshold for granting leave had been met.

Court Disposition

Application allowed. Leave granted to applicant to institute contempt proceedings. Application to be filed within 14 days.

Orders

  • Applicant granted leave to institute proceedings for contempt against the contemnor.
  • Application for contempt to be filed within 14 days.