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Saroj K. Shah v. Naran Mani Patel, Kantilal Naran Manji & Hebros Traders

(2015) JELR 96614 (CA)

Court of Appeal  •  Civil Appeal 345 of 2013  •  8 May 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Patrick Omwenga Kiage, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

This appeal is against the ruling and order of the High Court (H.P.G. Waweru, J.) made on 5th July 2013 by which the learned judge dismissed an application by SAROJ SHAH (the appellant) seeking to commit NARAN MANI PATEL, KANTILAL NARAN MANJI and BALLON NANGALAMA t/a HEBROS

TRADERS to (the respondents) for alleged contempt of court by blatant disobedience of some three court orders. Those orders, are set out in paragraph 3 of the statement the appellant filed pursuant to order 52 rule 2 of the rules of the Supreme Court of England 1965 as follows;

“(a) order of the 12th May 2011 warning the landlord not to evict the tenant (the applicant herein) made by Mochache D. – chairperson Business Premises Tribunal.

(b) order of the 9th December 2011 – That status quo to hold until then, made by Hon. Mr. Justice Mwera.

order of the 14th December 2011 – That parties must obey any previous orders made under pain of necessary sanctions, including being denied audience, made by Hon…

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