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ABDI SATARHAJI & ANOR
V.
OMAR AHMED & ANOR

(2018) JELR 106384 (CA)

Court of Appeal 8 Nov 2018 Kenya
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Case Details

Suit Number:Civil Appeal 51 of 2018
Judges:Martha Karambu Koome, Wanjiru Karanja, James Otieno Odek
Location:Mombasa
Other Citations:Abdi Satarhaji & another v. Omar Ahmed & another [2018] eKLR

JUDGMENT OF THE COURT

[1] It is indisputable that obedience of court orders ensures that the rule of law, good order and due administration of justice is maintained. See this Court’s decision in Shimmers Plaza Limited v. National Bank of Kenya Limited [2015] eKLR. Laying emphasis that obedience of court orders is not optional Romer, L.J. in the locus classicus case of Hadkinson v. Hadkinson [1952] ALL ER 567 expressed himself as follows:

“It is the plain and unqualified obligation of every person against, or in respect of, whom an order is made by a court of competent jurisdiction to obey it unless and until that order is discharged. The uncompromising nature of this obligation is shown by the fact that it extends even to cases where the person affected by an order believes it to be irregular or even void.”

[2] It is on that footing that the principle of contempt of court arises as espoused in the words of Lord Justice Clerk in the Scottish case of Robertson v. Her Majesty’s Advocate [20…

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