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Commercial Bank of Africa Limited v. Isaac Kamau Ndirangu

(1992) JELR 104973 (CA)

Court of Appeal  •  Civil Appeal 157 of 1991  •  26 Jun 1992  •  Kenya

Coram
Richard Otieno Kwach, Abdul Majid Cockar, Mathew Guy Muli

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Kwach, Cockar and Muli JJ A)

CIVIL APPEAL NO 157 OF 1991

Between

COMMERCIAL BANK

OF AFRICA LIMITED....................................APPELLANT

AND

ISAAC KAMAU NDIRANGU ..................RESPONDENT

(Appeal from the Ruling of the High Court of Kenya at Nairobi (Mr Akiwumi J) delivered on 2nd June, 1988

in

HCCC No 1803 of 1985)

*********************

JUDGMENT

Kwach JA. It is a fundamental tenet of the rule of law that court orders must be obeyed:

This appeal is essentially about alleged flagrant disobedience of a court order by one of the parties and its advocates. Advocates who aid and abet their clients to disobey or circumvent court orders must understand that they are as much liable to be committed for contempt of court as their clients. If any authority were needed for this perfectly obvious proposition, it can be found in the cases of Marengo v. Daily Sketch and Sunday Graphic Ltd [1948] 1 All ER 406; Elliot v. Klinger [1967] 3 All ER 141; and Acrow (Auto…

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