Mosica Properties Ltd v Postal & Telecommunications Employees Housing Co-op Society Ltd [2012] KEHC 2177 (KLR)
- Court
- High Court of Kenya
- Case number
- 2177
- Citation
- [2012] KEHC 2177 (KLR)
- Decided
- 28 September 2012
The application for committal to civil jail is dismissed as the Plaintiff's managing director was not personally served with the court order. The Plaintiff's managing director is fined KShs 50,000 and ordered to serve 3 months imprisonment for contempt. The Plaintiff's prayer to withdraw the advertisement is dismissed.
Facts
The Plaintiff sought a temporary injunction to restrain the Defendant from dealing with certain properties pending the suit. The Defendant applied for an order of committal to civil jail for disobedience of court orders.
Issues
- Personal service of the court order
- Contempt of court orders
Reasoning
The court ruled that the Plaintiff's managing director was not personally served with the court order and thus could not be held in contempt. The advertisement in question did not mention any of the suit properties.
Outcome
Appeal dismissed
Orders
- Managing director fined KShs 50,000 and ordered to serve 3 months imprisonment for contempt
- Plaintiff's prayer to withdraw the advertisement dismissed
Remedies
- None
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