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WILLIAM MWAKANONGO SONA v MULONGO PETER MULONGO T/A MULONGO BUSIEKA & COMPANY ADVOCATES (Civil Case 192 of 2009) [2009] KEHC 440 (KLR) (16 November 2009) (Ruling)

[2009] KEHC 440 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
440
Citation
[2009] KEHC 440 (KLR)
Decided
16 November 2009
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for contempt of courtCoramM. ODERO
Holding

The application is allowed, and the defendant is committed to prison for 6 months and has his personal property attached and sequestrated for contempt of court.

Facts

A consent order was entered into on 29th April 2009 requiring the defendant to pay Kshs.950,000 to the plaintiff's advocate by 28th May 2009, and the balance of Kshs.450,000 by 26th June 2009. The defendant paid the first part but failed to pay the balance.

Issues

  1. Contempt of court for failure to comply with a court order

Reasoning

The consent order was entered into voluntarily and was duly adopted by the court. The defendant failed to comply with the order, which amounts to contempt.

Outcome

Allowed

Orders

  • Commitment to prison for 6 months
  • Sequestration of personal property
  • Deposit of Kshs.450,000 in court

Remedies

  • Costs to be borne by the defendant
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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