JIHAN FREIGHTERS LIMITED V. HARDWARE & GENERAL STORES LIMITED

JUDGMENT OF THE COURT

This appeal is against the ruling and order of the High Court of Kenya at Mombasa (Omollo, J.), dated 17^th December 2014. By that ruling the learned judge ordered the police to arrest Abdalla Salim Omar Abubakar, a director of the appellant, Jihan Freighters Limited, and present him before the court to show cause why the appellant’s property should not be attached or why he should not be committed to jail for breach of a valid court order. At the hearing of this appeal, we were informed that the order to show cause had not been executed because the court subsequently stayed the same pending the hearing and determination of this appeal.

The genesis of the impugned order is a suit that was filed in the High Court by the respondent, Hardware and General Stores Ltd, against the appellant on 10^th April 2014. In the plaint, the respondent pleaded that it was the lawful proprietor of the property known as Mombasa/Block XIV/364 (the suit property), which it had purchased i…