SAMBAZA PRODUCTIONS LIMITED vs ESTHER MUTHONI MUTHEE [2003] KEHC 771 (KLR)
- Court
- High Court of Kenya
- Case number
- 771
- Citation
- [2003] KEHC 771 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for leave to bring contempt of court proceedings and for refundCoramA.I. HAYANGA
Holding
The application is incompetent and is struck off with costs.
Facts
The Appellant won a breach of contract judgment but the judgment was set aside. The Court ordered the Defendant to deposit Kshs.300,000 in a joint account. The Appellant filed an appeal and got a stay of execution. Njongoro & Company Advocates paid out Kshs.300,000 to the Respondent and her husband.
Issues
- Whether the application for leave to bring contempt of court proceedings and for refund is competent
- Whether Mr. Njongoro can be committed for contempt
Reasoning
The practice of making the leave stage an interpartes process completely perverts the procedure and is a fundamental deviation from procedure.
Outcome
Struck off with costs
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Judicature Act Cap 8
Cases cited (3)
- MWANGI WANGONDU vs. NAIROBI CITY COUNCIL CIVIL APPEAL NO. 95 OF 1988
- LORD WELLESLY vs. EARL OF MORNINGTON (1848) 11 BEAV 181
- BUTLER V BUTLER 1992 3 WLR 813
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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