Fiona A. Badia t/a Badia & Advocates v Agustino Onanda; Valley Auctioneers & another (Interested Parties) [2021] KEHC 3166 (KLR)
- Court
- High Court of Kenya
- Case number
- 3166
- Citation
- [2021] KEHC 3166 (KLR)
The court grants an order issuing a warrant of arrest against the respondent to be apprehended and presented before the Deputy Registrar of the court for committal to civil jail unless he settles the decretal sum due to the applicant.
Facts
The applicant, Fiona Badia, issued a notice to show cause against the respondent, Agustino Onanda, seeking to have him arrested and committed to civil jail due to non-payment of fees. The respondent claimed he was not served by the applicant and that the fees were agreed to be KSh.40,000, but the applicant now demands more than KSh.200,000.
Issues
- Whether the respondent was properly served with the notice to show cause
- Whether the respondent has given a plausible explanation for not settling the decretal sum due to the applicant
Reasoning
The notice to show cause was served upon the respondent and the respondent has not given a plausible explanation for not settling the decretal sum due to the applicant.
Outcome
The respondent is granted an order for arrest and committal to civil jail unless he settles the decretal sum due to the applicant.
Orders
- Order for arrest and committal to civil jail unless the respondent settles the decretal sum due to the applicant
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