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Andy Forwarders Services Limited v Capital Market Authority [2012] KEHC 2784 (KLR)

[2012] KEHC 2784 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2784
Citation
[2012] KEHC 2784 (KLR)
Decided
2 August 2012
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for contempt of courtCoramISAAC LENAOLA
Holding

The application for contempt of court is dismissed with costs.

Facts

The Petitioner filed a petition seeking certain orders related to its requisition of an Extraordinary General Meeting (EGM) of CMC Holdings Ltd, which was stopped by the Respondent, Capital Markets Authority. The Respondent filed a cross-application for a Conservatory Order and an Order restraining the Petitioner from convening the EGM.

Issues

  1. Contempt of court for actions taken by the Respondent and CMC in violation of court orders and constitutional rights
  2. Validity of the Respondent's decision to prevent the Petitioner from convening the EGM

Reasoning

The court found that the Respondent's actions did not constitute contempt of court as the orders did not extend to protect CMC from itself.

Outcome

Application dismissed

Authorities cited

Legislation (2)
  • Judicature Act
  • Companies Act
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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