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 (Automation) Ltd v. Rex Chainbelt Inc [1971] 3 All ER 1175.
Isaac Kamau Ndirangu (the respondent) charged a number of his properties to the appellant, Commercial Bank of Africa Ltd (the Bank), including plot LR No 12241, Nairobi to secure advances made to him by the Bank. When the respondent defaulted with repayment, the Bank moved to exercise its statutory power of sale. To foresta…