Wardpa Holdings Limited & 3 other v Emmanuel Waweru Lima Mathai & another [2016] KECA 587 (KLR)
- Court
- Court of Appeal
- Case number
- 587
- Citation
- [2016] KECA 587 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppeal from a High Court order finding appellants in contempt of courtCoramM. K. KOOME, M. WARSAME, G.B.M KARIUKI
Holding
The appellants were found in contempt of court and ordered to pay a fine of one million Kenyan Shillings.
Facts
The appellants were found in contempt of court for demolishing a property pending an interim injunction issued by the High Court. The suit was filed by the 1st respondent challenging the statutory power of sale by Housing Finance Company of Kenya over the property.
Issues
- Service of the interim injunction order
- Bias of the judge
- Conduct of the appellants
- Burden of proof
- Lapse of the order
- Circumstantial evidence
Reasoning
The court found the appellants in contempt due to their demolition of the property despite the interim injunction order still being in force. The court also found the appellants' conduct to be in disobedience of the court orders.
Outcome
Appeal dismissed with costs to the 1st respondent
Orders
- Fine of one million Kenyan Shillings
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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