Erastus Gitonga v David Kimathi [2005] KEHC 2235 (KLR)
- Court
- High Court of Kenya
- Case number
- 2235
- Citation
- [2005] KEHC 2235 (KLR)
- Decided
- 16 March 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContemptPostureRespondent ordered to restore applicant to his home and allow him to peaceably enjoy the same.CoramRUTH N. SITATI
Holding
The applicant has not shown that he himself has complied strictly with the procedural requirements.
Facts
The applicant filed objection proceedings to the grant of Letters of Administration Intestate of the estate of Ambutu Mbogori, alleging fraud in the application for grant.
Issues
- Contempt of court for disobedience of an order to restore the applicant to his home.
- Procedural requirements for contempt application.
Reasoning
The applicant failed to bring the application under the substantive provisions of the law giving power to the court to deal with the application.
Outcome
The applicant is ordered to move the court for a hearing date within one month after the beginning of the new term, or the respondent may do so.
Orders
- To restore the applicant to his home and allow him to peaceably enjoy the same until the hearing and final determination of the objection.
- To fix the matter for hearing within one month after the beginning of the new term.
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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