[2014] KEHC 4164 (KLR)
The court found that there was no court order issued on 6th December, 2012, thus the application for contempt could not be sustained. Furthermore, the respondent, being a limited liability company, is not a natural person and therefore cannot be committed to civil jail. The court was not convinced by the reasons...
Source-derived case information.
- Citation
- [2014] KEHC 4164 (KLR)
- Parties
- Applicant: Al-Taj Audin Alibhai; Respondent: Jiwani Impex Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 200 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Two Applications: Contempt of Court and Setting Aside Orders
- Outcome
- Both applications dismissed with no order as to costs.
- Judges
- SN Mukunya
- Legal Topics
- Contempt of Court, Setting Aside Orders, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Al-Taj Audin Alibhai
Applicant
Jiwani Impex Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Two Applications: Contempt of Court and Setting Aside Orders
Legal Issues
- 1 Whether the respondent should be committed to civil jail for alleged disobedience of a court order dated 6th December, 2012.
- 2 Whether the ruling and order made on 23rd November, 2012 should be set aside and the respondent ordered to remove movables from the suit premises.
Ratio Decidendi
The court found that there was no court order issued on 6th December, 2012, thus the application for contempt could not be sustained. Furthermore, the respondent, being a limited liability company, is not a natural person and therefore cannot be committed to civil jail. The court was not convinced by the reasons advanced for setting aside the orders of 23rd November, 2012, and found no basis to grant the request for removal of movables from the suit premises. Consequently, both applications were dismissed.
Court Disposition
Both applications dismissed with no order as to costs.
Orders
- The application dated 29th November, 2013 for committal to civil jail is dismissed.
- The application dated 31st May, 2013 to set aside the orders of 23rd November, 2012 and for removal of movables is dismissed.
Full Case Text
Judgment text and source record
24 paragraphs
COPY
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. APPLICATION NO. 200 OF 2012
AL-TAJ AUDIN ALIBHAI .................................. ................................ APPLICANT
- V E R S U S -
JIWANI IMPEX LIMITED .................................................................. RESPONDENT
RULING
[1] There are two applications that were argued together. One is dated 29th November, 2013. This application prays for the respondent to be committed to civil jail for 12 months for disobeying the court order dated 6th December, 2012. The other application is dated 31st May, 2013 and it prays for the ruling and order made on 23rd day of November, 2012 to be set aside and that the respondent be ordered to remove any movables left in the suit premises.
[2] Mr. Kioko Kiume was for the applicant in the first application while Ms..Abuodha was for the respondent in the application dated 3rd May, 2013. It was vice versa. The applications were argued before me on 13th February, 2014 together.
[3] Having carefully perused the record and having listened to the arguments of Counsel and respondent, I find the following;
a) That there were no orders issued by the court on 6th of December, 2012.
b) That the respondent is a limited liability company which is incapable of being sent to jail as prayed.
c) I am not convinced by the reasons given to support the 2nd application that I should set aside the orders of the court made on 23rd November, 2012.
d) The order to remove any movables from the suit premises cannot therefore be granted.
e) The two applications are dismissed with no order as to costs.
Dated and delivered in open court at Mombasa this 3rd day of July, 2014.
S. MUKUNYA
JUDGE
3. 7.2014
In the presence of:
Mr. Sitonik advocate for Mr. Kioko Kiume advocate
Miss. Oluoch advocate for Ms. Abuodha advocate