REPUBLIC V ATTORNEY GENERAL & ANOTHER EX-PARTE HASSAN LOLO LOCHE [2012] KEHC 4232 (KLR)
- Court
- High Court of Kenya
- Case number
- 4232
- Citation
- [2012] KEHC 4232 (KLR)
- Decided
- 25 January 2012
The applicant was not properly served with the court order and penal notice, and therefore cannot be committed for contempt of court. The orders issued by this court on 22nd February, 2011 remain in force and should be obeyed.
Facts
On 22nd February, 2011, Musinga, J issued orders to the effect that no further developments should continue on plot No X3 located at Huruma Estate pending the hearing of the Interested Party’s application dated 16th February, 2011. Thereafter, the 2nd Interested Party’s counsel extracted the order and served it together with a Penal Notice upon Hassan Lolo Loche’s advocate on record.
Issues
- Whether the applicant was properly served with the court order and penal notice.
- Whether the applicant is guilty of contempt of court.
Reasoning
The court held that the applicant was not personally served with the court order and penal notice, and thus cannot be committed for contempt of court. The orders issued by the court remain in force and should be obeyed.
Outcome
The application is dismissed.
Orders
- The cost of this application will be in the cause.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
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