MWATARARE WA MWARABU & ANOTHER v RAIYA S. SEIF & ANOTHER [2007] KEHC 2134 (KLR)
- Court
- High Court of Kenya
- Case number
- 2134
- Citation
- [2007] KEHC 2134 (KLR)
- Decided
- 30 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for Commital to Civil Jail for Contempt of CourtCoramJ.K. SERGON
Holding
The allegations of contempt have not been satisfactorily proved, and the motion is dismissed with costs to the respondents.
Facts
Mwatarare wa Mwarabu and Babu Ramadhan sought to have Raiya S. Seif and Esri Star Transport Co. Ltd committed to civil jail for contempt of court order made on 19th July 2006. The applicants alleged that the respondents have refused to allow them and their family members to enter or exit their house.
Issues
- Whether the respondents have disobeyed the consent order of 19th July 2006
- Whether the applicants have discharged the burden of proof in contempt cases
Reasoning
The court found that there is doubt as to whether the respondents are actually in breach of the consent order, and the applicants have failed to discharge the burden of proof in contempt cases.
Outcome
Motion dismissed with costs to the respondents
Orders
- Motion dismissed
Authorities cited
Cases cited (1)
- Mwangi H.C. Wang’ondu =vs= Nairobi City commission C.A. No. 95 of 1995
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