Mary Ndunge Wambua v Fedelis Wambua Musembi [2005] KEHC 1227 (KLR)
- Court
- High Court of Kenya
- Case number
- 1227
- Citation
- [2005] KEHC 1227 (KLR)
- Decided
- 8 September 2005
The applicant is not in contempt of court orders and the application is not before the correct court. The applicant's application is struck out but with no order as to costs.
Facts
Applicant filed an application to transfer Nakuru Children's Case No. 22 of 2005 to Nairobi Children's Court for consolidation with Nairobi Children's Case No. 183 of 2005. Respondent filed a notice of preliminary objection, alleging the applicant was in contempt of court and the application was incompetent.
Issues
- Whether the applicant is in contempt of court orders
- Whether the applicant's application for transfer is before the correct court
- Whether the applicant's application is bad in law, duplex, incompetent, unsustainable and a total abuse of the court process
Reasoning
The applicant was not served with the orders she is alleged to have disobeyed and there was no evidence of contempt. The order of stay in Nairobi Children's Court Case No. 183 of 2005 is still in force and cannot be vacated or varied.
Outcome
Application struck out
Orders
- Order of stay in Nairobi Children's Court Case No. 183 of 2005 remains in force
Authorities cited
Cases cited (1)
- OMEGA ENTERPRISES (K) LTD VS KENYA TOURIST DEVELOPMENT CORPORATION & OTHERS Civil Appeal No. 59 of 1993 (unreported)
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