Marvin Opiyo Ambala v Oduor Hawi Ambala & another; Nancy Ambala & another (Intended Interested Parties) [2021] KECA 704 (KLR)
- Court
- Court of Appeal
- Case number
- 704
- Citation
- [2021] KECA 704 (KLR)
- Decided
- 16 April 2021
The court found sufficient cause to summon Farouk Asif Butt and Hadija Asif Butt to show cause why they should not be found in contempt of court and punished accordingly.
Facts
The applicant filed an application for contempt of court against Farouk Asif Butt and Hadija Asif Butt, who were caveators in a previous judgment. They were found to be in contempt of court for relitigating issues already determined by the court and continuing to use the properties in disregard of court orders.
Issues
- Contempt of court by Farouk Asif Butt and Hadija Asif Butt
- Summoning the contemnors to show cause and punishment for contempt
Reasoning
The court dismissed the applications for review and setting aside the previous judgment, finding them devoid of merit. The court then considered the application for contempt, noting the contemnors' disregard for court orders and their continued use of the properties.
Outcome
The court allowed the application and ordered the contemnors to appear before the court to show cause why they should not be found in contempt of court and punished.
Orders
- Summoning Farouk Asif Butt and Hadija Asif Butt to show cause why they should not be found in contempt of court and punished
Remedies
- Commitment to serve a jail term for a period not exceeding six months if found in contempt
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