Jambo East Africa Limited & another v Harit Sheth Advocates & 6 others (Civil Application E448 of 2021) [2022] KECA 480 (KLR) (25 March 2022) (Ruling)
- Court
- Court of Appeal
- Case number
- 480
- Citation
- [2022] KECA 480 (KLR)
- Decided
- 25 March 2022
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureApplication for stay of execution of High Court orderCoramGithinji, KI LAIBUTA, M'INOTI
Holding
Application dismissed; applicants have a right of audience; preliminary objection raised by respondents dismissed
Facts
Jambo East Africa Limited and Catalyst Britania Brands Limited seek a stay of execution of a High Court order dated 8th December, 2021, which ordered the release of a retention amount to the respondents. The respondents are Harit Sheth Advocates and six other individuals.
Issues
- Right of audience for applicants in the High Court order
- Whether applicants are in contempt of court
Reasoning
The court holds that the applicants do not need to admit to contempt of court to be heard, as the respondents have not been adjudged or admitted to contempt. The court emphasizes the right to fair hearing and access to the court.
Outcome
Application dismissed
Orders
- Application for stay of execution dismissed
Authorities cited
Cases cited (2)
- Communications Commission of Kenya vs. Terra Radio Limited (2013) eKLR
- AB & another vs. RB (2016) eKLR
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.
Loading judgment…