Shimmers Plaza Limited v National Bank of Kenya Limited [2015] KECA 945 (KLR)
- Court
- Court of Appeal
- Case number
- 945
- Citation
- [2015] KECA 945 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureAppeal from the High Court's dismissal of an injunction applicationCoramW. KARANJA, J. W. MWERA, P. M. MWILU
Holding
The court found the bank's managing director in contempt of court and ordered him to be committed to civil jail for six months.
Facts
The High Court dismissed an injunction application by Shimmers Plaza Limited against National Bank of Kenya Limited. The bank sold the property pending the hearing of the case before the High Court.
Issues
- Contempt of court by the bank's managing directors for disobeying the court's order to maintain the status quo
- Validity of the bank's sale of the property
Reasoning
The court found the bank's directors in contempt of court for selling the property in violation of the court's order to maintain the status quo.
Outcome
The appeal is allowed, and the managing director is ordered to be committed to civil jail for six months.
Orders
- Order for committal to civil jail for six months against the managing director of the respondent company
Remedies
- Commitment to civil jail for six months
Authorities cited
Legislation (3)
- Judicature Act
- Appellate Jurisdiction Act
- Civil Procedure Rules of England (2012)
Cases cited (1)
- Hadkinson's case
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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