Esther Gatete v Bashiri Kipimo & 3 others [2021] KEHC 8887 (KLR)
- Court
- High Court of Kenya
- Case number
- 8887
- Citation
- [2021] KEHC 8887 (KLR)
- Decided
- 25 February 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeApplication for Committal to Civil JailPostureApplication dismissed with costsCoramA.MBOGHOLI MSAGHA
Holding
The application is devoid of any merit and dismissed with costs to the respondents.
Facts
The applicant Esther Gatete applied for the committal of the directors of Bashy African Credit Limited, Bashiri Kipimo and Anthony Kiberu to civil jail for six months for disobeying a court order given in CMCC No. 2312 of 2020.
Issues
- Whether disobedience of a court order can be litigated in the present application in the lower court.
- Whether the lower court has jurisdiction to deal with the contempt issue.
Reasoning
The court held that the application is sub judice and that the lower court has the power to deal with the contempt issue. The filing of the application before this court to punish the respondents for disobeying the lower court order is misplaced.
Outcome
Dismissed with costs
Authorities cited
Legislation (2)
- Civil Procedure Act
- Magistrates Court Act
Cases cited (2)
- Civil Procedure Act
- Magistrates Court Act
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.
Loading judgment…