ALBERT MUKHWANA V JULIUS ONJIRO [2012] KEHC 5961 (KLR)
- Court
- High Court of Kenya
- Case number
- 5961
- Citation
- [2012] KEHC 5961 (KLR)
- Decided
- 9 October 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for committal to prisonCoramG V ODUNGA
Holding
The application was incompetent ab initio due to the failure to notify the Attorney General prior to filing the application for leave.
Facts
Albert Mukwana filed a motion seeking an order of committal against Julius Onjiro for disobeying a court order to restrain him from disposing of or dealing with Mukwana's household goods. Onjiro refused to release the goods as ordered.
Issues
- Contempt of court
- Compliance with procedural requirements
Reasoning
The court ruled that the application was not properly filed as it did not comply with the procedural requirements of notifying the Attorney General prior to filing the application for leave.
Outcome
The Notice of Motion dated 19th July 2012 is hereby struck out with no order as to costs.
Authorities cited
Legislation (3)
- Judicature Act
- Civil Procedure Act
- Rules of the Supreme Court of England
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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