[2012] KEHC 658 (KLR)
The court found that the applicant had established a prima facie case that the respondent may have disobeyed court orders regarding the administration of the deceased's estate. Consequently, the court exercised its discretion to summon the respondent to appear and show cause why he should not be held in contempt,...
Source-derived case information.
- Citation
- [2012] KEHC 658 (KLR)
- Parties
- Applicant: Zubeda Matandi Tunje; Respondent: Titus Keith Wambua
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 278 of 2008
- Procedural Posture
- Succession Cause / Ruling on Chamber Summons Application for Contempt
- Outcome
- Prayer (2) of the application is allowed. The respondent is ordered to appear in court to show cause why he should not be held in contempt of court orders.
- Judges
- JV Juma
- Legal Topics
- Succession Proceedings, Contempt of Court, Estate Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zubeda Matandi Tunje
Applicant
Titus Keith Wambua
Respondent
Procedural Posture
Succession Cause / Ruling on Chamber Summons Application for Contempt
Legal Issues
- 1 Whether the respondent should be compelled to appear in court to show cause why he should not be held in contempt of court orders.
Ratio Decidendi
The court found that the applicant had established a prima facie case that the respondent may have disobeyed court orders regarding the administration of the deceased's estate. Consequently, the court exercised its discretion to summon the respondent to appear and show cause why he should not be held in contempt, thereby upholding the authority of the court and the integrity of its orders in succession matters.
Court Disposition
Prayer (2) of the application is allowed. The respondent is ordered to appear in court to show cause why he should not be held in contempt of court orders.
Orders
- Titus Keith Wambua is directed to appear in court on 9th November 2012 to show cause why he should not be held in contempt of court orders.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
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IN THE MATTER OF THE ESTATE OF ALI BAKARI GATENDE .... DECEASED
RULING
Before court is the Chamber Summons application dated 26th September 2012 brought under Certificate of Urgency. I have considered the said application, the supporting affidavit sworn by Zubeda Matandi Tunje on 25th September 2012 as well as the annextures thereto. I am satisfied that the application has merit. I do allow prayer (2) of said application and direct that TITUS KEITH WAMBUA appear in court on 9th November 2012 to show cause why he should not be held in contempt of court orders.
It is so ordered.
Dated and Delivered in Mombasa this 2nd day of November 2012.
M. ODERO
JUDGE
In the presence of:
Mr. Wameyo holding brief for Mr. Ambwere