JUDGMENT
The Applicant by a motion on notice, filed an application on the 4th day of May, 2020 for an order to commit the Respondent to prison for Contempt of court pursuant to Order 50 rule 1, 2, 3 of C.I 47.
For the avoidance of doubt, Order 50 rule 1, 2 and 3 of C.I 47 states:
(1) The power of the Court to punish for contempt of court may be exercised by an order of committal.
(2) Committal proceedings shall be commenced by an application to the Court.
(3) The application shall be supported by an affidavit stating inter alia the grounds of the application.
See also Section 36(1) of ACT 459, (1993)
It is the case of the Applicant that he was the Applicant in Suit No. E12/047/26 per Exhibit ‘A’. According to the Applicant, the Respondent published the Writ of Summons and the Statement of Claim in Suit No. A5/202020 on his Facebook post and also prejudicially commented on the said suit, for which reason the Respondent was cited for contempt in Suit No. E12/047/20.
The Applicant cont…