[2003] KEHC 196 (KLR)
The court found that the applicant and her advocate failed to attend the scheduled hearing despite the matter being treated with urgency due to its nature as a dispute between husband and wife. The court determined that the applicant was deliberately delaying the proceedings. Consequently, the application for...
Source-derived case information.
- Citation
- [2003] KEHC 196 (KLR)
- Parties
- Applicant: Henrietter Benger Kilonzo; Respondent: Nzuki Kilonzo Kitti
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 563 of 2002
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Committal for Contempt
- Outcome
- application dismissed for non-attendance
- Legal Topics
- Divorce Proceedings, Contempt of Court, Committal Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Henrietter Benger Kilonzo
Applicant
Nzuki Kilonzo Kitti
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Committal for Contempt
Legal Issues
- 1 Whether the application for committal for contempt should proceed in the absence of the applicant and her advocate.
- 2 Whether the bond granted to the applicant should be cancelled due to non-attendance.
Ratio Decidendi
The court found that the applicant and her advocate failed to attend the scheduled hearing despite the matter being treated with urgency due to its nature as a dispute between husband and wife. The court determined that the applicant was deliberately delaying the proceedings. Consequently, the application for committal for contempt was dismissed for non-attendance, the bond previously granted to the applicant was cancelled, and the warrants of arrest already issued were ordered to be executed immediately. The court exercised its discretion to ensure the efficient administration of justice and to prevent abuse of court process.
Court Disposition
application dismissed for non-attendance
Orders
- The application dated 14/3/2003 is dismissed for non-attendance by the applicant.
- The bond granted to the applicant pending the hearing is cancelled.
Full Case Text
Judgment text and source record
7 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYAAT MOMBASAMISC. CIVIL APPLICATION NO. 563 OF 2002
IN THE MATTER OF HIGH COURT DIVORCE 40/1999B E T W E E NHENRIETTER BENGER KILONZOA N DNZUKI KILONZO KITTIIN THE MATTER OF AN APPLICATION BY THE PETITIONERHENRIETTER BENGER KILONZO FOR AN ORDER OF COMMITTALFOR CONTEMPT AND FOR SUCH OTHER ORDERS AS MAY DEEMJUST TO THE COURT AGAINST THE RESPONDENT NZUKIKILONZO KITTIA N DIN THE MATTER OF DIVORCE
JUDGMENT The record shows that the parties and their advocates agreed to have the Application dated 14/3/2003 heard by this court today. The court ordered the hearing to be at 9. 00 a.m.
The Applicant’s advocate has not turned up by 10. 20 a.m. The applicant has not appeared although his bond was extended only today. I am of the view that it is just to treat this matter with urgency since it is a dispute between the husband and wife. However the husband is bent on delaying the matter. In the circumstances I am inclined to dismiss the said application for non-attendance by the applicant.
Further the bond granted to the applicant pending the hearing of that application is hereby cancelled. The warrants of arrest already issued shall be executed by court bailiff forthwith.
Costs in the cause. J. KHAMINWA COMMISSIONER OF ASSIZE 10/4/2003