JACK & JILL SUPERMARKET LIMITED V. REPUBLIC, PRINCIPAL MAGISTRATE'S COURT, CITY COURT NAIROBI, CITY COUNCIL OF NAIROBI & VIKTAR MAINA NGUNJIRI

JUDGMENT OF THE COURT

Jack and Jill Supermarket Limited (The appellant) who were tenants of the 4^th respondent on LR 209/869 (The suit premises), filed High Court Misc. Application No. 185 of 2009, seeking leave of court to apply for orders of certiorari and prohibition to remove into the Court and quash the enforcement notices Nos.5445 and 5446, and to prohibit the respondents from enforcing the said notices.

Nyamu, J (as he was then) granted the leave sought on the 27^th day of March, 2009 and directed that the leave granted was also to operate as a stay. The stay order was disobeyed by the 4^th respondent, prompting the appellants to cite him for contempt of the said Court orders. On the 6^th day of February, 2011, D. Musinga, J (as he was then) after a merit hearing of the contempt proceeding found the 4^th respondent guilty of contempt of the said Court orders, fined him Kshs. 200,000/= in default four (4) months imprisonment, which fine the 4^th respondent duly paid.

On 6^th August, 2012…