The director of Heritage Flower Limited, Punjani Riyaz Mahammadali has been convicted for contempt of court by Justice Njoki Mwangi.
In the case, Shailesh Rai Kumar had moved to a civil court in October 2023 seeking orders to compel Punjani to sign off his salary cheque for the month of September 2023.
Allegedly the court issued an order compelling Punjani to sign off the salary cheque for Shailesh.
Punjani however declined signing the cheque.
In pleading with the court to find that Punjani acted in utter disobedience of court orders, Shailesh asked the court to find that the non-compliance in light of the egregious disobedience of the orders by punjani and to avoid business activities of heritage flower ltd grinding to a halt, the court should allow Punjani to be substituted as a signatory in all Banks.
He also asked court to issue summons for the attendance of Punjani in court to show cause why he should not be cited for contempt of court orders issued on November 8, 2021.
Shailesh through his advocate told court that Punjani was in full knowledge of the proceedings before the court and therefore failure to honor the said orders amounted to a contempt of court.
Mr. Punjani on January 17, 2024, responded to the said application via a sworn affidavit where he stated that he was the majority shareholder of Heritage flower Ltd with 50% shareholding.
He claimed that Shailesh illegally and irregularly appointed his wife as a director.
Brief facts of the complaint are that on November 8, 2021, Justice Chacha Mwita issued an order compelling Punjani to sign cheques in respect of monies necessary for the proper management of the company.
Shailesh however, contented that Punjani willfully failed to sign 15 cheques as outlined in the application for contempt of court orders.
In finding Punjani guilty of the contempt of court orders, Justice Njoki said that the orders of November 8, 2021, were never varied.
“From my reading of the said orders, they were clear and unambiguous. If at all the plaintiff had found them ambiguous, he should have sought for interpretation of the said orders from the court. That was not done. Further, the said orders have not been varied or set aside.” Ruled Justice Njoki.
The court said that Njoki acted in breach of the court order by refusing to sign the said salary transfer letter and cheque.
The court said that a case for contempt of court was established against Punjani Riyaz hence convicted him for the said offence.
The court said Punjani could only purge the contempt by signing the salary transfer letter and cheque for Shailesh.
