[2000] KECA 127 (KLR)
The Court of Appeal found that the applicant had taken all essential preliminary steps required before commencing contempt proceedings. The court was satisfied that the threshold for granting leave had been met, as the applicant had demonstrated a prima facie case that the respondents may have breached the court...
Source-derived case information.
- Citation
- [2000] KECA 127 (KLR)
- Parties
- Applicant: Pilar Timon Shah; Respondent: Kaushik Mohanlala Shah; Respondent: Sundip Mohanlal Shah; Respondent: Fina Bank Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 354 of 1999
- Procedural Posture
- Civil Application / Application for Leave to Commence Contempt Proceedings
- Outcome
- Leave to commence contempt proceedings granted.
- Judges
- EO O'Kubasu
- Legal Topics
- Contempt of Court, Interlocutory Orders, Stay of Execution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pilar Timon Shah
Applicant
Kaushik Mohanlala Shah
Respondent
Sundip Mohanlal Shah
Respondent
Fina Bank Limited
Respondent
Procedural Posture
Civil Application / Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the applicant has satisfied the requirements for leave to commence contempt proceedings against the respondents.
- 2 Whether there was a breach of the court order restraining the respondents from disposing of the subject assets.
Ratio Decidendi
The Court of Appeal found that the applicant had taken all essential preliminary steps required before commencing contempt proceedings. The court was satisfied that the threshold for granting leave had been met, as the applicant had demonstrated a prima facie case that the respondents may have breached the court order restraining them from dealing with the subject assets. Consequently, the court granted the applicant leave to bring contempt proceedings against the respondents, allowing 14 days from the date of the ruling to do so. The costs of the application were ordered to abide the outcome of the intended contempt proceedings.
Court Disposition
Leave to commence contempt proceedings granted.
Orders
- The applicant is granted leave to bring contempt proceedings against the respondents.
- The applicant is allowed 14 days from the date of the ruling to commence contempt proceedings.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENY A
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: TUNOI, BOSIRE & O'KUBASU JJ.A)
CIVIL APPLICATION NO.NAI.354 OF 1999 (146/99 UR) BETWEEN
PILAR TIMON SHAH ...................................... APPLICANT
AND
KAUSHIK MOHANLALA SHAH ............................ IST RESPONDENT
SUNDIP MOHANLAL SHAH .............................. 2ND RESPONDENT
FINA BANK LIMITED ................................. 3RD RESPONDENT
An application for committal for contempt of Court arising out of an application forstay of execution in an intended appeal from the Ruling of the High Court of Kenya at Nairobi (Justice Cockar J) dated 21st May, 1990 in H.C.C.C. No.3380 of 1989) ******************
RULING OF THE COURT
The applicant Pilar Timon Shah, has applied to this court for leave to bring contempt proceedings against the three respondents, on the grounds that the latter breached an order of this court given on 13th August 1999, restraining them from transfering, charging or otherwise disposing of the assets, which were the subjectmatter of the litigation between the parties in Nairobi High Court Civil Case No.801 of 1998 (OS). The order allegedly breached was made in Civil Application No. NAI. 180 of 1999. We have considered the application for leave and are satisfied that the applicant has taken all the essential steps preliminary to bringing a contempt cause and accordingly grant the leave prayed for. The applicant is allowed 14 days from the date hereof to commence the contempt proceedings. The costs of this application to abide the outcome of the intended contempt proceedings.
Dated and delivered this 24th day of February, 2000.
P.K. TUNOI
.................
JUDGE OF APPEAL
S.E.O. BOSIRE
.................
JUDGE OF APPEAL
E. O'KUBASU
...............
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR