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ROSE DETHO V. RATILAL AUTOMOBILES, MAHESH TAILOR, GEMINI TAILOR, PRAMUKH ENTERPRISES LIMITED, CHARTERHOUSE BANK LIMITED, SANJAY SHAH & ATTORNEY GENERAL

(2018) JELR 95410 (CA)

Court of Appeal  •  Civil Appeal 311 of 2006  •  20 Dec 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Daniel Kiio Musinga, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the ruling and order of the High Court of Kenya at Eldoret (Gacheche J.) made on 24th November 2006. By the aforesaid ruling and order, the learned Judge allowed an application made by the 1st to 4th respondents herein on 26th September, 2006 in which they sought the following orders:

I. That the respondents jointly and/or severally be committed to civil jail for a term not exceeding six months for contempt of the orders of this Honourable Court issued on 15th September

2006.

II. That the assets of the respondents jointly and/or severally be attached for contempt of court.

III. The respondents be condemned to the costs of this application.

The persons who had been named as respondents in the aforesaid application were the appellant herein, Rose Detho, the Governor of the Central Bank of Kenya, and one Momanyi Bundi. The learned judge found that the Governor and Bundi had wrongly been named as respondents because the two were not parties to the…

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