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Court of AppealAllowedCivil Application No. NAI. 354 of 1999 (146/99 UR)· [2000] KECA 127 (KLR)

PILAR TIMON SHAH vs KAUSHIK MOHANLALA SHAH,SUNDIP MOHANLAL SHAH & FINA BANK LIMITED [2000] KECA 127 (KLR)

Court of Appeal
24 February 2000
Philip Kiptoo TunoiP. K. TunoiSBS. E. O. BosireEOE. O'Kubasu
280 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal allowed a party to sue for contempt after others allegedly disobeyed an order freezing disputed assets.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Nairobi (Tunoi, Bosire and O'Kubasu JJ.A) delivered on 24th February 2000 in Civil Application No. NAI. 354 of 1999. The applicant, Pilar Timon Shah, sought leave to bring contempt proceedings against Kaushik Mohanlala Shah, Sundip Mohanlal Shah and Fina Bank Limited on the ground that they breached an order of the Court of Appeal given on 13th August 1999 in Civil Application No. NAI. 180 of 1999. That order had restrained the respondents from transferring, charging or otherwise disposing of assets that were the subject matter of litigation between the parties in Nairobi High Court Civil Case No. 801 of 1998 (OS), arising in the context of an intended appeal from a ruling of Cockar J in H.C.C.C. No. 3380 of 1989 dated 21st May 1990. The court considered the application and, being satisfied that the applicant had taken all the essential steps preliminary to bringing a contempt cause, granted the leave prayed for. The applicant was given 14 days from the date of the ruling to commence the contempt proceedings. The costs of the application were ordered to abide the outcome of the intended contempt proceedings. The ruling is a single judgment of the whole court, with no separate opinions, and cites no authorities or statutes.

Key legal issues

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01

Whether leave should be granted to institute contempt proceedings for breach of a restraining order of the Court of Appeal

Holding

Leave was granted because the applicant satisfied the court that all essential preliminary steps to bringing a contempt cause had been taken.

Reasoning

The applicant alleged that the respondents breached the order of 13th August 1999 made in Civil Application No. NAI. 180 of 1999, restraining them from transferring, charging or otherwise disposing of assets that were the subject matter of the litigation. The court considered the application for leave, was satisfied that the essential preliminary steps had been taken, granted leave, and gave the applicant 14 days to commence the contempt proceedings, with costs to abide the outcome.

p. 1

Legal principles established

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  • A party seeking to commence contempt proceedings for breach of a Court of Appeal order must first obtain leave and demonstrate that all essential steps preliminary to bringing the contempt cause have been taken.

Court orders

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  1. 1.Leave granted to the applicant to bring contempt proceedings against the three respondents
  2. 2.Applicant allowed 14 days from the date of the ruling to commence the contempt proceedings
  3. 3.Costs of the application to abide the outcome of the intended contempt proceedings
On appeal from
High Court of Kenya at Nairobi
H.C.C.C. No. 3380 of 1989 (Ruling dated 21st May 1990, Cockar J); related suit Nairobi HCCC No. 801 of 1998 (OS)
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal over contempt of its own orders, arising from Civil Application No. NAI. 180 of 1999 (stay of execution in an intended appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "PILAR TIMON SHAH vs KAUSHIK MOHANLALA SHAH,SUNDIP MOHANLAL SHAH & FINA BANK LIMITED [2000] KECA 127 (KLR)", Case Analysis (2000). Civil Application No. NAI. 354 of 1999 (146/99 UR). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/127/eng@2000-02-24

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.