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A W M v L W M [2016] KEHC 1596 (KLR)

[2016] KEHC 1596 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1596
Citation
[2016] KEHC 1596 (KLR)
Decided
29 September 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for Contempt of CourtCoramA. K. NDUNG’U
Holding

The defendant is found guilty of contempt of court and is committed to Civil Jail for six months.

Facts

The plaintiff applied for contempt of court against the defendant for disobeying interim injunction orders issued on 10th October, 2014. The defendant claimed he had sold the property before the injunction was issued and denied service of the order.

Issues

  1. Whether the defendant was served with the court orders
  2. Whether the defendant had knowledge of the order
  3. Whether the defendant disobeyed the court order
  4. What sanctions are available if the defendant disobeyed the order

Reasoning

The court found the defendant guilty of contempt of court for disobeying the injunction order. The defendant's claim of selling the property before the injunction was issued was not supported by evidence.

Outcome

The defendant is committed to Civil Jail for six months.

Orders

  • Commit the defendant to Civil Jail for six months

Remedies

  • Commitment to Civil Jail for six months

Authorities cited

Cases cited (1)
  • Teachers Service Commission -VRS- Kenya National Union of teachers & 2 other (2013) eKLR
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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