REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL MISC. APPL. NO. 2 OF 2017 FIONA A. BADIA T/A BADIA & ADVOCATES....APPLICANT/ADVOCATE/ 2ND RESPONDENT -VERSUSAGUSTINO ONANDA................................................................................................1 ST RESPONDENT VALLEY AUCTIONEERS................................................1 ST INTERESTED PARTY/RESPONDENT VIGINIA N. NGARI................................................................2 ND INTERESTED PARTY/OBJECTOR RULING 1) Fiona Badia P/A F. A. Badia & Co. Advocates, the applicant herein, issued a notice to show cause against Agustino Onanda, the respondent herein seeking to have an explanation as why he should not be arrested and committed to civil jail in execution of the decree. 2) The respondent claimed he was not served by the applicant save that he was notified by the judiciary. He pointed out that he had agreed with applicant that her fees would be kshs.40,000/= but the applicant is now demanding more than ksh.200,000/=. 3) The record shows that the relevant notice to show cause is the one dated 16 th July 2021 in which the applicant seeks to be paid ksh.24,273/= by the respondent. It is clear that the notice was served upon the respondent. The respondent, in my view, has not given a plausible explanation why he should not settle the decretal sum due to the applicant. 4) Consequently, I grant an order issuing a warrant of arrest against the respondent to be apprehended and presented before the Deputy Registrar of this court for committal to civil jail unless he settles the decretal sum due to the applicant. DATED, SIGNED AND DELIVERED VIA MICROSOFT TEAMS AT NAIROBI THIS 8TH DAY OF OCTOBER, 2021. ......................... J. K. SERGON JUDGE In the presence of: ........................................... for the Applicant ........................................ for the Respondent
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