CFC Stanbic Bank Limited v Florence Wairimu Mbugua [2016] KEHC 8512 (KLR)
- Court
- High Court of Kenya
- Case number
- 8512
- Citation
- [2016] KEHC 8512 (KLR)
- Decided
- 8 February 2016
The application is struck out as the court lacks jurisdiction to punish the alleged contemnors for contempt of court due to shortcomings in the service of the order and the absence of a Penal Notice.
Facts
The plaintiff sought orders for the arrest of GEORGE ABUGA, ESTHER MATU and JONATHAN KINYENZE for disobeying court orders issued on 15th July 2015. The court extended the orders until 29th July 2015. However, the plaintiff alleged that the Co-operative Bank Housing Co-operative Society had paid out the money it was supposed to hold.
Issues
- Service of court orders
- Contempt proceedings
Reasoning
The court held that the service of the order was not personal and that there was no Penal Notice indorsed on the order, thus lacking the foundation for contempt proceedings.
Outcome
The application is struck out.
Authorities cited
Cases cited (4)
- SHIMMERS PLAZA LIMITED Vs NATIONAL BANK of KENYA LIMITED
- PROFESSOR FRANCIS M. NJERU Vs. PROFESSOR MABEL IMBUGA
- SAM NYAMWEYA & 3 OTHERS Vs. KENYA PREMIER LEAGUE LIMITED & 2 OTHERS
- OCHINO & ANOTHER Vs. OKOMBO & 4 OTHERS
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