[2000] KECA 277 (KLR)
The Court held that the applicant's failure to comply with the order of Mulwa, J., regardless of any dispute over its correctness, precludes the hearing of the present application. The law requires strict compliance with court orders unless they are set aside through proper legal channels such as review or appeal....
Source-derived case information.
- Citation
- [2000] KECA 277 (KLR)
- Parties
- Applicant: Dorothy K. Kwonyike T/A Luguyan Enterprises; Respondent: Victoria Commercial Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 79 of ??
- Procedural Posture
- Civil Application / Ruling on Interlocutory Application
- Outcome
- application stood over generally; costs to respondent
- Legal Topics
- Compliance With Court Orders, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dorothy K. Kwonyike T/A Luguyan Enterprises
Applicant
Victoria Commercial Bank Limited
Respondent
Procedural Posture
Civil Application / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the applicant can be heard on the present application before complying with or setting aside the order of Mulwa, J.
- 2 Whether non-compliance with a court order bars further proceedings by the defaulting party.
Ratio Decidendi
The Court held that the applicant's failure to comply with the order of Mulwa, J., regardless of any dispute over its correctness, precludes the hearing of the present application. The law requires strict compliance with court orders unless they are set aside through proper legal channels such as review or appeal. Since the applicant has neither complied with nor set aside the order, the application cannot proceed. The application is therefore removed from the day's cause list and stood over generally, with costs awarded to the respondent.
Court Disposition
application stood over generally; costs to respondent
Orders
- The present application is taken out of today's list and stood over generally.
- Today's costs are awarded to the respondent.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI (CORAM: KWACH, AKIWUMI & BOSIRE, JJ.A.) CIVIL APPLICATION NO. NAI. 79 OF 2000 (UR.35/00) BETWEEN
DOROTHY K. KWONYIKE T/A LUGUYAN ENTERPRISES ..................................... APPLICANT AND VICTORIA COMMERCIAL BANK LIMITED ....................... RESPONDENT
RULING OF THE COURT
The order of Mulwa, J. made on 9. 3.00 has not been obeyed. This is also admitted by Mr. Nyawara counsel for the Applicant who it appears does not, however, regard it as being a proper interpretation of the original order made by Gacheche, CA. But this notwithstanding, the position in law as set out clearly in The Pharmacy and Poisons Board v Sipri Pharmaceuticals Limited & the Republic Civil Application No. NAI 103 of 1998 (43/98 UR) (unreported), is that no matter whether the order of Mulwa, J. be right or wrong, it must, unless properly set aside by way of review or an appeal, be complied with. This the Applicant has not done and for that reason, we agree with Mr. Wasuna, counsel for the Respondent, that the present application cannot be heard until the order of Mulwa, J. is complied with or set aside. The present application is hereby taken out of today's list and stood over generally. Today's cost to the Respondent.
Dated and delivered at Nairobi this 12th day of April, 2000.
R. O. KWACH .................. JUDGE OF APPEAL
A. M. AKIWUMI .................. JUDGE OF APPEAL
S. E. O. BOSIRE .................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR.