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Freight in Time Limited v. Image Apparels Ltd

(2015) JELR 105236 (CA)

Court of Appeal  •  Civil Appeal 247 of 2008  •  30 Oct 2015  •  Kenya

Mohammed Abdullahi Warsame, Sankale ole Kantai, Fatuma sichale



This is an appeal from the ruling and orders of Nambuye, J. (as she then was) who cited the directors of the appellants for contempt of court and ordered that each of them do pay a fine of Kshs 350,000.00, and in default, serve a term of 6 months imprisonment in jail.

The background to this order is the attachment of the respondents goods by an auctioneer, it seems, where due procedure was not followed. It emerged that some crucial documents were missing from the court file, and Omondi, CM (as she then was) ordered that the entire execution be started afresh. Attendant to this order was one for the immediate release of the respondent’s goods. That order was issued on 9th March 2005.

The appellant did not release the goods as ordered, and to save itself, the respondent applied by way of an application dated 1st December 2005 to cite the officers and directors of the appellant for contempt of court. The respondent deponed that the appellant never released the goods, so …

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