Sammy Kiilu Musaki & another v Mwisho Mutunga & 4 others [2013] KEHC 2819 (KLR)
- Court
- High Court of Kenya
- Case number
- 2819
- Citation
- [2013] KEHC 2819 (KLR)
- Decided
- 18 July 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for contempt dismissedCoramB. Thurana Jaden
Holding
The application is dismissed with costs as there was no proper service of the order.
Facts
The plaintiffs applied for an injunction against the defendants for disobeying an order granting an injunction. The defendants denied service of the order and claimed it was ex parte.
Issues
- Service of the order
- Ex parte nature of the order
Reasoning
The affidavit of service was unsatisfactory and did not specify the persons served. The Court of Appeal has stated that service must be personal and cannot be enforced by contempt proceedings.
Outcome
Dismissed
Authorities cited
Legislation (3)
- Judicature Act
- Civil Procedure Act
- Constitution of Kenya
Cases cited (2)
- Jacob Zedekiah Ochino & Another v George Aura Okombo & 4 Others Nairobi Civil Appeal No. 36 of 1989(UR)
- Isaac J. Wanjohi & Another v Roseline Macharia Nairobi HCCC No. 450 1995 (ur)
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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