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R E P U B L I C v HASHIM SAT Exparte KOMBA LIMITED [2007] KEHC 2081 (KLR)

[2007] KEHC 2081 (KLR) High Court of Kenya
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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

  1. Whether the court orders are injunctive in nature and if so, whether they could issue in this case
  2. 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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