John Kinoti Sammy t/a Kin Intergrated Solutions v Innscor Kenya Limited & 2 others [2009] KEHC 1880 (KLR)
- Court
- High Court of Kenya
- Case number
- 1880
- Citation
- [2009] KEHC 1880 (KLR)
- Decided
- 31 July 2009
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContemptPostureAppeal from an order of contemptCoramM.K. KOOME
Holding
The 1st defendant is found guilty of contempt and fined Ksh.100,000/-
Facts
The plaintiff/applicant filed Milimani CMCC 351 of 2008 against the 1st defendant and M/s K. Wanjohi Trading Kindiest Auctioneers. On 1st July 2008, Hon. Miss Mokaya acting Principal Magistrate issued an order against the 1st defendant.
Issues
- Contempt of court
- Obeying court orders
Reasoning
The court found the 1st defendant fully served with the order and failed to obey it, thus imposing a fine and authorizing court bailiffs to reinstate the plaintiff in possession of the suit premises.
Outcome
The 1st defendant is fined Ksh.100,000/- and ordered to pay costs of the application.
Orders
- Fine of Ksh.100,000/- to be paid within 7 days
- Reinstatement of plaintiff in possession of the suit premises on the ground floor Plot No. L.R. 209/8523 Union Towers Moi Avenue Nairobi
- Personal liability of directors Morne Deetlets and Churchhill Muinde in default
- Matter to be mentioned on 16th of September 2009
Remedies
- Fine
- Reinstatement of possession
- Personal liability of directors
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Refrigerator and Kitchen Equipment utensils Ltd Vs Gulabchand Shah & Others Civil application Nairobi 39 of 1990
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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