JASON ONDABU T/A ONDABU & COMPANY ADVOCATES, KULLSAM KASSAM & ZACHARIA BARAZA T/A SIUMA TRADERS V. SHOP ONE HUNDRED LIMITED

JUDGMENT OF THE COURT

1. This appeal arises from a ruling delivered by the High Court (L. Njuguna, J.) on 15^th of September 2016. In that ruling, the court dismissed an application dated 5^th February 2013 made by the 1^st appellant, Jason Ondabu t/a Ondabu and Company Advocates, in which the principal prayers were for the review, setting aside and or variation of orders given on 20^th December 2012 in which the appellant was found guilty of contempt of court and punished.

2. The background is that the 1^st appellant’s client, Kullsam Kassam, the 2^nd appellant, filed suit before the Magistrates’ court at Nairobi seeking a declaration that the occupation of premises known as NCM house Nairobi by the respondent, Shop One Hundred Limited, was unlawful and constituted trespass. The 2^nd appellant sought an order of eviction against the respondent as well as damages for trespass.

3. Satisfied that the continued occupation of the premises by the respondent was unlawful and constituted trespass, the…