contempt of court

Attorney, fugitive from justice, sues Chief Justice but loses

The case of Siboniso Clement Dlamini has caused ructions in Eswatini’s legal circles for some time. Now three members of the high court have laid down the law. Dlamini, one of the country’s longest-serving attorneys, has been fighting to have the Chief Justice investigated for misconduct because the CJ barred Dlamini from appearing in any court until he submitted himself to prison as punishment for contempt of court. At the heart of the matter is Dlamini’s handling of a deceased estate – and a widow who is clamouring for her inheritance.

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When Martin Ndzinisa died in 2001, Siboniso Dlamini handled the deceased estate. Many years later, however, and the widow, Phindile Ndzinisa, has seen not one cent of the E910 000 received by Dlamini’s trust fund on behalf of the estate.

Contempt confirmed against former top Seychelles judge

Controversial former top Seychelles judge, Durai Karunakaran, has done it again. The disgraced jurist, embroiled in yet another legal dispute relating to his behaviour, has lost his appeal against a contempt of court finding. The contempt relates to a highly offensive insult he whispered into the ear of the public prosecutor during proceedings related to another matter involving the former judge. Karunakaran quit the bench earlier this year to avoid being impeached over misbehaviour, but judgments in pending cases involving him had not yet all been finalised.

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At first it seemed impossible: how could disgraced former senior Seychelles judge, Durai Karunakaran, have become involved in yet another court dispute? The last time I wrote about him, in August, I predicted that the decision handed down days before was likely to be the last in a very long series of cases under his name. But I was wrong.

No gvmt budget to pay damages’ award is no excuse – high court

What is a litigant supposed to do when the government simply ignores court orders to pay damages? The problem can be starkly seen in this case of a Kenyan man who nearly lost his life when he was attacked and severely beaten by soldiers almost 30 years ago. Decades later, George Waithaka is still struggling to get the compensation due to him on the orders of the court. Faced by authorities who do nothing to ensure his payment, Waithaka has now won a contempt of court order against the official who should have signed the cheque.

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During 1991, taxi operator George Waithaka was brutally beaten by Kenyan soldiers. He lost consciousness for four days and needed metal implants in his legs. After some initial difficulties, he finally won judgment in September 2014, stipulating that he be paid damages. Months later an official order against the government was issued by the court for payment of damages amounting to KShs 3,858,528 This represented damages plus interest up to that date.

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