Charles J. Kabaiku v FEP Holdings Limited [2016] KEHC 8690 (KLR)
- Court
- High Court of Kenya
- Case number
- 8690
- Citation
- [2016] KEHC 8690 (KLR)
- Decided
- 11 November 2016
The Preliminary Objection is upheld, and the application dated 19 October 2015 is found to be incompetent for failure to comply with the relevant procedural imperatives governing the filing of contempt applications.
Facts
The Plaintiff sought orders against the Defendant's Managing Director and Chief Executive for contempt of court and declared the Defendant's General Meeting null and void.
Issues
- Whether the Notice of Motion was incompetent
- Whether the application was an abuse of the court process
Reasoning
The Plaintiff's Notice of Motion was not brought in accordance with the procedure governing Contempt of Court Proceedings as applicable in England at the time it was filed. The Court of Appeal expressed the view that an application for contempt be by way of Notice Application and that the application must set out fully the grounds on which the committal application is made and must identify separately and numerically the alleged acts of contempt.
Outcome
The Plaintiff's application is struck out with costs.
Orders
- Order for the striking out the said application
Authorities cited
Legislation (2)
- Judicature Act
- Companies Act
Cases cited (2)
- Christine Wangari Gachege vs. Elizabeth Wanjiru Evans & 11 Others [2014] eKLR
- Nicholas Kiptoo Arap Korir Salat Vs Independent Electoral and Boundaries Commission & 6 Others [203] eKLR
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