[2013] KEHC 564 (KLR)
The court found that the applicant had now complied with the procedural requirement of serving the Attorney General's office with notice of the intention to institute contempt proceedings. Since an application for leave to institute contempt proceedings does not amount to a determination of the suit on its merits,...
Source-derived case information.
- Citation
- [2013] KEHC 564 (KLR)
- Parties
- Applicant: National Bank of Kenya Ltd; Respondent: County Council of Olekejuado; Respondent: Continental Intergrated Industries Ltd; Respondent: James Kagonia Warui
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous 5 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Leave to Institute Contempt Proceedings
- Outcome
- leave to institute contempt proceedings granted
- Judges
- LN Mutende
- Legal Topics
- Contempt of Court, Leave to Institute Proceedings, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
National Bank of Kenya Ltd
Applicant
County Council of Olekejuado
Respondent
Continental Intergrated Industries Ltd
Respondent
James Kagonia Warui
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Leave to Institute Contempt Proceedings
Legal Issues
- 1 Whether the applicant had complied with the requirement to serve the Attorney General's office before seeking leave to institute contempt proceedings.
- 2 Whether the principle of res judicata applies to successive applications for leave to institute contempt proceedings.
Ratio Decidendi
The court found that the applicant had now complied with the procedural requirement of serving the Attorney General's office with notice of the intention to institute contempt proceedings. Since an application for leave to institute contempt proceedings does not amount to a determination of the suit on its merits, the doctrine of res judicata does not apply to bar the present application, even though it is identical to a previous one. Evidence was tendered that the State Law Office received the notice, and therefore, the applicant was entitled to the leave sought. The court accordingly granted leave to the applicant to institute contempt proceedings against the relevant official of...
Court Disposition
leave to institute contempt proceedings granted
Orders
- Leave is granted to the applicant to institute contempt proceedings against the town clerk (or official serving in equal capacity) of Olkejuado County Council for disobeying the court order dated 18th September, 2012.
Full Case Text
Judgment text and source record
19 paragraphs
No. 143/2013
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MACHAKOS
CIVIL MISCELLANEOUS (JR) NO. 5 OF 2012
NATIONAL BANK OF KENYA LTD ................................APPLICANT
VERSUS
COUNTY COUNCIL OF OLEKEJUADO..............1ST RESPONDENT
CONTINENTAL INTERGRATED
INDUSTRIES LTD..................................................2ND RESPONDENT
JAMES KAGONIA WARUI ...................................3RD RESPONDENT
RULING
Following my ruling dated 4th November, 2013, whereby I declined to grant leave to the Ex-parte applicant to institute contempt of court proceedings against the Respondents for failure to serve the Attorney General’s office, the applicant has brought another Notice of Motion dated 18th November, 2013.
In the Motion, the applicant seeks leave to file contempt proceedings against the town clerk (or official serving in equal capacity) of Olkejuado County Council for disobeying the Order of the court dated 18th September, 2012.
In the said application the Ex-parte applicant has demonstrated that he has now complied with the requirement.
The application dated 18th November, 2013 is ideally identical to the one instituted on 25th October, 2013. An application for leave to institute contempt proceedings does not seek determination of a suit on merits. The principle of resjudicata would therefore not apply. Evidence having been tendered that the State Law Office received the notice to institute contempt proceedings, I hereby grant leave sought.
It is so ordered.
DATED, SIGNED and DELIVEREDat MACHAKOS this 9THday of DECEMBER, 2013.
L.N. MUTENDE
JUDGE