[2004] KEHC 1947 (KLR)
The court found that the defendant had deliberately ignored and disobeyed the court order in favour of the applicant. No good or sufficient reason was advanced for such disobedience. As a result, the application seeking enforcement or further relief was found to lack merit and was dismissed with costs to the...
Source-derived case information.
- Citation
- [2004] KEHC 1947 (KLR)
- Parties
- Plaintiff: James Gori; Defendant: Kenya Ports Authority
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- ? 390 of 1995
- Procedural Posture
- Civil Suit / Ruling
- Outcome
- application dismissed with costs
- Legal Topics
- Contempt of Court, Enforcement of Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Gori
Plaintiff
Kenya Ports Authority
Defendant
Procedural Posture
Civil Suit / Ruling
Legal Issues
- 1 Whether the defendant deliberately disobeyed a court order.
- 2 Whether there was any sufficient reason for the disobedience of the court order.
Ratio Decidendi
The court found that the defendant had deliberately ignored and disobeyed the court order in favour of the applicant. No good or sufficient reason was advanced for such disobedience. As a result, the application seeking enforcement or further relief was found to lack merit and was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application is dismissed with costs.
Full Case Text
Judgment text and source record
4 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA CIVIL SUIT NO. 390 OF 1995 JAMES GORI…………………………………………………PLAINTIFF =V E R S U S= KENYA PORTS AUTHORITY…………………………DEFENDANT R U L I N G
Upon perusing the application and affidavit in support, and also the Replying Affidavit and upon hearing submissions of both counsel, I am in agreement with the Respondent that the order made by the court in favour of the Applicant was deliberately ignored and disobeyed. No good or sufficient reason has been advanced for such disobedience.
I see no merit in the application.
The same is dismissed with costs. Dated at Mombasa this 26th day of July, 2004. JOYCE KHAMINWA J U D G E