R E P U B L I C v HASHIM SAT Exparte KOMBA LIMITED [2007] KEHC 2081 (KLR)
- Court
- High Court of Kenya
- Case number
- 2081
- Citation
- [2007] KEHC 2081 (KLR)
- Decided
- 9 March 2007
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplicant seeks to cite Respondent for contempt of courtCoramD. K. Maraga, D. Maraga
Holding
The court orders are not injunctive in nature and the court has jurisdiction to entertain the questioning of the propriety of orders made by Judges of concurrent jurisdiction.
Facts
Komba Limited filed an application for an order for commitment of Hashim Sat, District Land Registrar, Kwale, for disobeying two court orders issued in Mombasa HCC. No. 24 of 2005.
Issues
- Whether the court orders are injunctive in nature and if so, whether they could issue in this case
- Whether the court has jurisdiction to entertain the questioning of the propriety of orders made by Judges of concurrent jurisdiction
Reasoning
The court orders were not injunctive in nature and did not affect any Government operations. The court dismissed the application with costs.
Outcome
Application dismissed with costs
Orders
- The application is dismissed with costs
Authorities cited
Legislation (3)
- Government Proceedings Act Cap. 40
- Civil Procedure Act
- Civil Procedure Rules
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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