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Communications Commission Of Kenya v. Tetra Radio Limited

(2013) JELR 106823 (CA)

Court of Appeal  •  Civil Appeal (Application) 121 of 2012  •  29 Nov 2013  •  Kenya

Coram
William Ouko, Jamila Mohammed, Kathurima M'inoti

Judgement

RULING OF THE COURT

On 7th March, 2013, the applicant, TETRA RADIO LIMITED took out the Motion on notice before us, seeking to dismiss or strike out Civil Appeal No.

121 of 2012 filed in this Court by the respondent on 15th June, 2012. The basis upon which the dismissal or striking out of the appeal is sought is that the respondent is in blatant contempt of court, having disobeyed the order of the High Court that is the subject of the said appeal. The motion is expressed to be taken out under rule 1(2) of the Court of Appeal Rules “and all other enabling provisions of the law”. If we understood Mr S. Musalia Mwenesi, learned counsel for the applicant correctly, the applicant is simply invoking the inherent jurisdiction of this Court to uphold its dignity and authority and to protect the administration of justice and the rule of law. The applicant thus firmly believes that the best or the most efficient way to achieve those noble ends is the dismissal or striking out of the respondent’s …

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