TalkingMap is a memory keeping life-map that shows one's journeys, which 'ordinary' maps cannot integrate. Approaching art practice as a way of exploring ourselves and the world around us, drawing becomes an important way of establishing relationships between people, places, and memories. In this practical workshop led by Jina Lee, you will use map drawing as a mediatory practice of speaking about individual journeys and stories, exploring the personal, political and social contexts of our lives.
This practice-based research aims to create a 'new map' that deconstructs and re-evaluates the notion of territorial borders and how, in practice, how drawing can be applied as a methodology for art practice. 'TalkingMap', is a new method created to interview migrants by using only drawing practice. This opens up the possibility for unsuspected interactions of experience and knowledge, in relation to geopolitical and cultural boundary issues.
Jina Lee is an artist and researcher born in Seoul. South Korea. Before moving in to London, Lee exhibited her work through residency programmes in different countries such as Korea, Australia, Portugal and France, where her artwork and research is focused on the collapse of territorial boundaries between social, political and geographical space. Since 2011, she has been working and living in London with her family; currently teaching and studying PhD at University of the Arts London, UK.


A key element of the infrastructure that will form the cloud is resource reservation and a protocol that enables applications to reserve the resources. Without this element we can't have a credible SLA offering. But this reservation system has to be integrated into the billing system as well as the customer entitlement system.
Today's oversubscription systems allow contending processes to carry entitlements, however those entitlements have no basis in economic value of the user who initiated the process. For example, in VI, one can allocate shares to compute elements but those shares do take into account the customer's SLA entitlements. Neither did I see anything in the recently released vCloud API anything that says someone is thinking about it.
Since the days of Cluster/Grid, we have been making pretty powerpoint slides showing the business value of IT to customers. Cloud is supposed to provide the mechanisms for the customer to harness/govern the business value.


text:
Q: Jquery.Datatable.js is taking time to render the records I have a MVC application and I am fetching 5000 records from the database and returns in the JSOn format format in the action and rendering a Jquery.DataTable.js version 1.9.0 grid. The application is returning the data with no delay but it is taking time to render in the grid. Below is the code
   $.ajax({
        url:   "http://locationhost/Mycontroller/myacton", type: "Get", contentType: "application/json; charset=utf-8",
        data: { 'param': param1, 'param2': param2,  },
        dataType: "json",

        success: function (data) {
            $('#DisableDiv').html("");
            var items = '';
            var rows = '';

                $('#divGrid').DataTable().fnClearTable();
                $('#divGrid').DataTable().fnDestroy();
                if (data.length > 0) {
                    $.each(data, function (i, item) {

                        rows = "<tr>........records......</tr>"

                        $('#divGrid tbody').append(rows);
                    });
                    table = $('#divGrid').DataTable({
                        "aoColumnDefs": [
                         {
                             'bSortable': false,
                             'aTargets': [0, 8],
                         }],
                        "aoColumns": [{ "bSortable": false }, null, null, null, null, null, { "sType": "currency" }, null, { "bSortable": false }],
                        "bPaginate": true,
                        "bInfo": true,
                        "bFilter": false,
                        "bLengthChange": true,
                        "sPaginationType": "full_numbers",
                        "iDisplayLength": 10
                    });
                    table.fnSort([[7, 'desc']]);
                }
                else {
                    $('#DisableDiv').html("No data available.");
                    $("#btnDownload").attr("href", "#");
                }

            }
        },
        error: function (data) {
            $('#DisableDiv').html("");
        }
    });

A: Server-side processing is best because when you render a large no of data set records client side
it makes it slow if you want to see please follow below links in that case
http://datatables.net/usage/server-side
example (http://datatables.net/release-datatables/examples/data_sources/server_side.html).

redpajama_set_name: RedPajamaStackExchange


text:
SUNY New Paltz News
New Paltz In the News
Education alumni return to their alma mater to share strategies for teaching climate solutions
Posted on November 11, 2022 by Mallika Rao
Event panelists pose with members of the campus community, including School of Education students and the Office of Campus Sustainability
SUNY New Paltz convened a panel of six local Hudson Valley K-12 teachers, five of whom are New Paltz School of Education alumni, for a conversation about ways of integrating lessons and activities about climate crisis and climate action into coursework for students of different ages.
The event, held on Wednesday, Oct. 26, offered current New Paltz students a chance to hear from fellow Hawks working in nearby districts, and how they are navigating challenging subject matter in their classrooms.
The alumni panelists were: Wallkill High School physics teacher Samrat Pathania '13 (Physics/Mathematics; Adolescent Education); Bennett Elementary School social studies teacher Karen Hadley '00g (Elementary Education); Woodstock Day School environmental sciences teacher Glenn Rubic '82 (Geology); and New Paltz Middle School art teacher Mary Jane Nusbaum '06g (MFA Art Studio/Printmaking) and science teacher Bryan Krebs '15 '18g (Environmental/Organismal Biology; Adolescent Education).
They were joined by Eugene Foley, a math teacher from Roy C. Ketcham High School in Wappingers Falls, New York.
This event was part of a series organized by Birgitta Cockburn '23 (Environmental Science), part of New Paltz's student sustainability ambassador team, for each school on campus to weigh in on the urgency of climate change.
"This semester, I thought it would be a really good idea to have a panel making climate action more available for people to learn about," said Cockburn. "It's an extremely important issue, and we have the perfect atmosphere here at New Paltz for this kind of forum."
Here are some of the different ways the panelists tackle teaching about climate change that were passed on to future teachers in the audience:
"I want to bring climate change solutions to my students in a way that feels empowering, so that they don't feel weighed down by the scale of the crisis," said Pathania. "I use concepts from physics to explain everyday climate change solutions that can be implemented in the home."
"I show my students a video which puts in simple terms what is happening the planet and in our solar system, and that it's something largely manmade that has been going on for centuries," said Hadley. "Then I present a large number of plastic bottles to the class, and the kids pick up on how plastic is contributing to this global problem."
"Middle school kids are especially aware of climate change and are very much worried about it," said Krebs, "so it's important for me to talk about solutions in mathematic terms."
"When I need the kids to be able to write a linear equation, I try to incorporate some sort of climate solution in there so they can apply the math to this current issue," said Foley.
For some of the alumni on the panel, the event was an opportunity to reflect on how New Paltz ignited their passion for environmentalism:
"My first invitation into geology was going up to Ontario and spending three weeks touring the Economic Geology of Ontario mining corporations," said Rubic. "From that moment on, I was hooked."
"We learned of how Hudson River School artists brought in environmental themes in their artwork, which is something I like bringing to my students," said Nussbaum. "Telling the stories of these artists as well as some current artists focused on environmentalism is a huge part of what I teach my students."
The panel was made possible by both the Office of Campus Sustainability and the student Sustainability Ambassador Carbon Neutrality Team, and was sponsored by the School of Education, the Department of Teaching and Learning, and the Office of Alumni Relations.
Visit the Sustainability Ambassadors website to learn more about student efforts to integrate social, economic and environmental sustainability across the campus community.
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If My Bag Is Stolen Will I Be Covered?
Unfortunately we aren't able to provide coverage for luggage and personal belongings that are classed as unattended and unsupervised.
Broadly speaking, if an item is unattended, it means an item that wasn't on your person at the time of loss, or that was left with a person other than your relative or travelling companion. "Unattended" can also mean the item was left in a position where it could have been taken without your knowledge/without you being able to stop it being taken (this includes the beach or besides the pool).
If an item is left unsupervised, this could mean leaving the item with a person who is not named on your certificate of insurance or who is not a travelling companion/relative.It could also mean leaving an item with someone who is named on your certificate of insurance but you doesn't keep an eye on these items.
For a full definition of what is defined as unsupervised and unattended, please check the PDS for details.


The retail industry has been completely upended. In today's integrated marketplace, customers can essentially shop anywhere, anytime, across many channels. Customers expect retailers to deliver convenience and differentiated experiences.
To compete, traditional retailers need to identify their purpose. They must understand their customers' preferences and deliver on those. To accelerate responsiveness, speed and innovation into their businesses, retailers need very different offering, selling and operating models. They should find new ways to create value both from internal transformation and external ecosystem relationships. In essence, retailers must grow their core businesses while determining how to pivot to new business models.
Our research confirms CFOs are uniquely positioned to drive their businesses forward. CFOs understand that data is, in many ways, the new currency. They understand the importance of creating "one version of the truth" about customers. They can bring essential insights to CEOs and the C-suite about how to improve operations and increase efficiency.
CFOs can help identify investments that will enable differentiation and growth. In fact, our latest research shows that many leading CFOs (80 percent) see themselves as the new value champions and transformation drivers. Advanced analytics are critical to this. Retailers need real-time insights gleaned from data about customers, merchandising, supply chain, ecosystem partners–the entire value chain.
of retail CFOs are targeting areas of new value across the broader ecosystem.
of retail CFOs say they have achieved new value creation through analysis of financial data.
believe finance will be key to balancing technology investments between core and new business.
look for talent that can communicate and influence others, one of the top skills identified when recruiting junior finance professionals.
Technology has reshaped every aspect of retail: Innovation and the Internet of Things will exponentially increase the number of points of purchase and interaction. Many companies urgently need to get digital and emerging technologies embedded throughout their organizations and not just the front office. These technologies have tremendous power to both reduce costs and simultaneously increase personalization and responsiveness, helping retailers create competitive advantage.
Seventy seven percent of our research respondents said they are focused on exploring how disruptive technologies could benefit the entire enterprise. When they consider using new technologies for their own function, finance executives most frequently cited concern about information security (46 percent), followed by difficulty standardizing enterprise data/agreeing on a single version of the truth (35 percent).
To be successful in their more strategic, broader roles, CFOs need to be supported by a finance function that shares the same objectives and skills. And yet, there is a substantial disconnect: 79 percent of retail CFOs say that the CFO is carrying out activities that are far removed from those performed by the rest of the function. Much of the finance function is still focusing on traditional finance tasks versus new, more analytic or strategic roles. Some leading companies have progressive operating models with next-generation global business services (GBS) for multifunctional services along with AI, analytics and control towers. With these intelligent functions, talent is freed from transactional, repetitive tasks and can be reskilled to do more value-adding activities.
CFOs can be key strategic enablers in increasing their organization's value creation.
Incorporate integrated performance management with merchandising, planning and budgeting to impact profitability.
With C-suite, align technology investment plans to business strategy. Reduce operating costs through technology to self-fund additional investments.
Determine what can be done using automation and AI, freeing people to be creative. Identify skill gaps and begin to upskill. Explore borrowing talent.
Accenture conducted a quantitative survey of more than 700 CFOs and senior finance executives, including 82 from retail businesses, as well as a separate survey of 200 up-and-coming finance professionals in multiple industries. We also conducted almost 50 qualitative interviews with CFOs, CEOs and CDOs in retail and other industries.
Paul leads Accenture's Management Consulting practice for the Products operating group.
Dihan focuses on identifying, shaping, and delivering large scale enterprise transformation programs.
Helping Retail companies deliver an experience that delights customers and entices them to not just buy from you, but to buy into you.


Hey guys! Welcome back to my blog. I wanted to write about my thought's on developing environment's for games & speed level design videos.
The very first thing I start with is a theme for my work. So far I've used a castle/fortress with a Forrest and ruins + crystals. I pick a theme based off Unity asset's I can find and then think about the focal point.
The focal point is very important and is central to making the environment interesting. I always have one in mind before starting the video. After the focal point I like to dress up the setting around the focal point, placing assets which could be props, grass, trees etc..
After the focal point & scene dressing lighting comes into play. Always remember to use a combination of skybox for ambient color, directional light color, sun shafts and a plugin for Unity such as Amplify color. Amplify color really adds to my environment's.
Once I'm happy with the lighting I usually go through a few more post processing image effects, add particles to develop an atmosphere and then call it a day.
This time around you'll have to settle for a video :) Hope you enjoy it!


text:
The Muppet Show: 40 Years Later – Joel Grey
by Matt Wilkie | Oct 19, 2016 | Feature, Reviews
Ladies and Gentlemen! Mesdames et Messieurs! Willkommen, bienvenue, welcome back to The Muppet Show! With our special guest, Mr. Joel Grey! And what a show it is. But first, some history.
Most television comedies use either a three-act or four-act structure, depending on how many commercial breaks they need, or don't need if they're on a streaming service. A five-act structure is usually resigned to t.v. dramas, but is more common in plays and most famously in Shakespearean works. The Muppet Show didn't much lend itself to an "act" format, given its variety show format. One could argue that the backstage bits that would come later in the show's run serve as a running plot and were broken down into acts, and I'd probably agree, but this early on I wouldn't really say that Fozzie working out his "Jokes On Any Subject" bit is a plot so much as it is a setup for the punchline of Fozzie performing on stage later. So in lieu of a show in five acts, I'm going to give you a review in five hats. And in keeping with the madcap, zany nature of the Muppets, I'm going to jump around. So please, hold onto your hats!
The Third Hat
The first and most obvious hat to talk about is Joel Grey's hat. Now of course we don't need to, because his hat can talk about itself. But since I couldn't reach the hat for an interview I'll carry on. In a short segment which in sketch comedy terms is called a "blackout" – because it's a quick gag followed by the screen quickly cutting away, usually to black – Joel asks Gonzo if he wants to "go for a spin," which leads to a discussion of how phrases like the previous one shouldn't be taken literally, such as talking through one's hat. And then Joel's hat says it can talk for itself. And this is a great example of a nonsensical non-sequitur that had become a staple for the Muppets. These crazy scenarios could only happen with them, and this show is slowly becoming the kind of place to showcase the wacky things that can only happen here at the Muppet Theatre. This exchange is even punctuated by Joel saying that he's going bananas – and as if we couldn't guess, a banana shows up to deliver the last punchline. Audiences are learning about the way Muppets work on a grand scale and how they have a cartoon sensibility but are even better than cartoons – you can't hug Bugs Bunny, after all. It's notable that this was the first proper episode of The Muppet Show, with the previous two episodes produced (Juliet Prowse and Connie Stevens) acting more as pilots. That's why this one feels so much like it's finding its footing, including Fozzie's as-yet-undeveloped voice, and an extra verse in the theme song which then gave a tease of the kind of stuff you'd see later – in this case, the Muppet monsters and ruffians singing "Comedy Tonight." As with many of the episodes we've already reviewed, and will review for season one, the Muppets are not yet what they find be, and going on that journey will be a joy.
The First and Fourth Hats
As Henson and Company's finesse in comedy absurdity was being fine-tuned, it's puppetry work still had some kinks to work out. The Muppet Show ran on a very tight schedule, much tighter and stricter than television production nowadays. I've heard stories of the union worker turning the lights off on the group while they were trying to work well into the night to get a scene filmed. And even with all the overtime they're willing to perform, as well as with CGI being used to wipe away any arm rods or accidental body part cameos, we still see a stray head of arm pop up into a scene all the time with puppet productions. So in that time of tight deadlines, there were cuts and edits that feel weird. During a Backstage bit, at one point Fozzie drops his hat. Like a pro, Frank plays it off as if intentional, but it's pretty noticeably a mistake, and I have to wonder why they didn't do another take on that scene. Hilda wasn't getting any younger anyway. Or Fozzie, for that matter. Y'know, because puppets don't age? Never mind.
The same thing happens at one point with Baskerville. In my favorite inside baseball joke of the show, Baskerville the Dog, who is named after the Sherlock Holmes book "The Hound of the Baskervilles," plays Watson to Rowlf's Holmes. And that cracks me up so much every time I remember it. During the sketch, Baskville's hat falls off, and just hangs off of his head with no comment. Again, I have to wonder why they didn't just reshoot this take, since the scene was already filled with camera cutaways and no one would have known. But it stood, and is just as obvious as Fozzie's mishap mishat, maybe more so.
(Not to be a nitpicker who's taking any kind of glee in pointing out things on a decades-old show with a short shooting schedule, but this also happens to Gonzo's bowtie at the end of the "Razzle Dazzle" number, but that's a tie, not a hat, so who cares? We're focusing on things that matter, like headwear.)
I bring these things up not to be curmudgeonly or to try to shame anyone involved at all. Quite the contrary. I kinda like that everyone involved was so much more concerned with the show as a whole that they didn't take time out of their hectic schedules to make everything bright and polished and perfect – I think they made the best damn show they could and let the nicks on the varnish show if it might slow down their creative spirit.
Kaiser Bill and his silly hat.
The Second Hat
This one is a little more abstract, as it's not a hat that's seen on screen, but a reference to one in a joke between Statler and Waldorf. As they often did, Statler and Waldorf complimented the guest star, which led to an argument about the only thing they've ever agreed on – that Kaiser Bill looks silly in a hat. But this actually works well for a few reasons. First, even though every screenwriting course will tell you to show, not tell, telling the audience that someone named Kaiser Bill looks ridiculous in a hat, and you get to imagine any kind of man with any kind of face wearing any kind of hat. And whatever you imagine, it's gonna be hilarious! Try it! Isn't it the funniest hat you've ever imagined?! Thanks, Muppets! And secondly, because Jim and Richard Hunt just sell it. They are rarely better than as Statler and Waldorf, playing off each other so well.
(Side note: I'd actually love to see a list of guest stars that Statler and Waldorf have insulted, because quite frankly I can't think of any. Which is a testament to the Muppet writers' niceness, I'm guessing influenced by Jim – we can make fun of ourselves and each other all we want, but our guests are guests here, and we want them here because they're talented and we respect them, so let's treat them with respect!)
The Fifth Hat
After another failed attempt to win the audience over with a stunt, Gonzo is left distraught onstage. And then Joel Grey enters. And it's weird.
This whole scene feels so disjointed to me. In the reality of the show, Gonzo's stunt fails and everyone boo's him. So Joel Grey sweeps in to pour sequins on the wound. He calls him talentless and disgusting, which works in that those are the lyrics to a song, and Gonzo is taking it in stride, but it feels so off-putting. They couldn't have just let the curtains close and then have Joel sing the closing number? Or have Gonzo start the sketch off by asking for advice, no stunt failure involved, and then Joel sings the advice to him? Either option would make me feel better about the number being sung as an insult.
"But Matt? Where's the hat?"
Oh it's coming!
When Joel offers Gonzo unprompted advice on his act, Gonzo asks if he should wear a top hat. Joel laughs at him and tells him that the problem is with the act itself. True, but mean. Then Joel does a lovely job of signing "Razzle Dazzle" from Chicago, wearing a top hat and … well, that's my problem, there's nothing else to his song and dance routine. It's a blank background. The music is too low at times. There are some great camera effects that I'm sure were very cutting edge in 1976, but add nothing to the performance. I know it's a variety show of the time, and maybe that's how Sonny and Cher would've done it too, but I would've expected a much more elaborate set design for a song about flash and substance on a show starring Muppets. There aren't even any Muppets in the same shot as Joel. I found it to be lacking, so the fact that this is supposed to be advice to Gonzo to be impressive makes it even … well, unimpressive.
A Final Hat Tip
But let us not leave this episode on a downer note, because the thing is: I really like this one! So let me say why I liked this variety show episode so much – the variety of Muppets! If you made a show about the Muppets today (and let it be on the air for longer than one season mumble grumble), you might be inclined to only fill the screen with the most well-known Muppet character. But in its first season, the Muppets could use a whole menagerie of characters in all different scenes. The opening number is filled with so many strange, wonderful Muppet monsters and creatures! The "Willkommen" number has a cameo by Kermit with half of a line, but is mostly occupied by Gonzo, Mildred, Doctor Teeth, the Green Frackle, Zoot, Janice, Wayne, Wanda, Droop, Catgut, Baskerville, Muppy, a couple of lady pig dancers, a female Whatnot, and the puppet version of Jerry Nelson – only one of whom is a household name within the Muppets! Their infancy stage allowed them to use whatever character fit the mood, not focus on the marketing standpoint. It was a wild time in the Muppets' lives, and I'm so glad we got to take a closer peek.
Best Joke: Gonzo screaming "Stranger!" at Joel during "Willkommen" is a hands-down favorite.
Lamest Joke: Once again, Kermit's top-of-the-show promise of a fantastic act followed up by saying basically "Psych, we don't have that! We have a great guest star who is much better!" falls flat.
MVM (Most Valuable Muppet): Fozzie, for carrying a lackluster backstage plot and making it kind-of charming, in his own special way. Not a shining moment for ol' Fozz, but he's slowly evolving into his own in this episode.
Honorable Mention MVM: George the Janitor gets my oddball choice of MVM for the way he dances in the "At the Dance" scene cracking me up.
MVP (Most Valuable Puppeteer): Frank Oz, for three specific reasons: The aforementioned George's dance moves; the ad lib of "Tough" during "Sherlock Holmes and the Disappearing Clues," which could describe Baskerville's texture or the level of difficulty it took to get the puppet in there; and even though it's unconfirmed, I am 99% certain that it's Frank as the dancer in the "Pachalafaka" number, and everything he does to try to upstage Jim is fried gold.
Should-Be-Classic Moment: No "Fever" or Muppaphones to speak of here, so what I feel should be a classic is Fozzie's joke about two amoebas leaving a bar.
First Appearance of …: For our watching order, this is the first appearance of Hilda, who was the seamstress for the first season but mostly disappeared after her performer, Eren Ozker, did. I always felt that a seamstress in a theatre would be a very important and potentially interesting role, so I wish she had stuck around longer.
Obscure Character Watch: This is the first appearance of some other characters, but all very minor and obscure ones so I'll list them here. First, Gorgon Heap! This version had ears instead of horns, so maybe that's why you didn't recognize him. I love a giant Muppet monster who can eat other characters. This was a direct predecessor of Big Mean Carl, with a more utility player persona.
And then there's Lenny the Lizard! You know, Lenny the … Lizard? He auditioned to be the emcee in the Steve Martin episode? Never mind.
This is also the first introduction of Muppet bananas. Though many other Muppet foods may have been on the show before, bananas should be noted because they have so much … appeal! Never mind again.
One More Thing: The entire concept of the Talk Spot for this week is that Kermit gives away Joel's entire backstory, then asks for him to tell them something about himself, which he obviously can't now. This was genius and made me laugh.
Okay, One More Thing: According to notes and this episode's credits, this is Jane Henson's one known appearance as a puppeteer on The Muppet Show proper. As such, major kudos to Jane for her work here!
Click here to hold onto your hat on the ToughPigs forum!
by Matt Wilkie – Matt@ToughPigs.com
The Muppet Show: 40 Years Later – Ruth Buzzi
The Muppet Show: 40 Years Later – Paul Williams
The Muppet Show: 40 Years Later – Vincent Price
The Muppet Show: 40 Years Later – George Burns


New Zealand's Foreign Minister Winston Peters has urged Australia not to "forget" the Pacific, in a speech warning "great power" competition had arrived in the region and both governments needed to act to protect their interests.
Peters also raised concerns about the previous government's decision to sign up to China's grand Belt and Road infrastructure program and said his government should not be "bound" by the commitment.
Peters told the Lowy Institute last night his government was going to overhaul its policies towards the Pacific Islands, increasing diplomatic efforts and financial aid. He said new dynamics were changing New Zealand's relative influence and the country needed to "work harder" to maintain its position.
He suggested this was an issue for Australia as well and suggested Australia increase its engagement in line with the 2017 Foreign Policy White Paper. "You're right to be concerned about the whole world but don't forget your neighbourhood," he said.
Peters said New Zealand would undergo a "Pacific reset" and spend "considerable time in the Pacific" during 2018. He said the country's aid program was "simply not good enough" and it needed to up it's spending.
"This is a shift that starts now, particularly given that 2018 is a critical juncture for the Pacific region. During this year the Cook Islands, French Polynesia, Fiji and the Solomon Islands will all hold elections," he said.
His comments come after the Minister for International Development and the Pacific, Concetta Fierravanti-Wells, told The Australian in January that Pacific Islands may be taking on unsustainable Chinese bank loans and some Chinese government aid programs involved useless buildings, white elephants and "roads to nowhere".
The comments led to diplomatic protests from Pacific leaders and Beijing.Peters said Senator Fierravanti-Wells had "offended both parties".


On Monday 13th July, twelve primary pupils from Years 3-5 particiapted in architecture workshops at the Serpentine Gallery.
The workshop is the launch of a major project which celebrates the 15th year anniversary of the Serpentine Gallery Pavilion commission this summer.
To mark the anniversary, they lauched 'Build Your Own Pavilion: The Young Architects Challenge', which is a digital platform and nationwide campaign to celebrate, educate and promote architecture, to encourage young people everywhere to engage in the task of designing Pavilions of the future.


text:
Tricia Zoeller, Fiction Author Fantasy, Urban Fantasy, Paranormal
Contact me through:
Lily Moore Series (Urban Fantasy)
The Darkling Chronicles (YA/NA Fantasy)
Through the Writer's Lens Blog
Standalone and Upcoming Works
Blue Portal Press
Cover Reveal for Taming Shadows by Fiona Skye
Art by Rachel Bostwick https://www.fiverr.com/rachelbostwick
Faerie Tales has a new look! Author Fiona Skye launched her novel over a year ago. It's still the same engaging story, just has a shiny new title and rockin' cover by Rachel Bostwick. It's free for Kindle Unlimited members. Purchase Taming Shadows here:
Four years ago, crime beat reporter Riley O'Rourke changed the world. To be fair, it wasn't entirely her fault.
Her mentor, a 3,000-year-old vampire, destroyed Tucson police headquarters during a fight with a sorcerer. Footage of the fight went viral on the internet, and the existence of Preternaturals—vampires, witches, and other were-animals like Riley—was revealed. Humans went a little crazy. The Cats—and Wolves—were out of the bag, and only an act of Congress stopped the chaos.
But not all the Preternaturals are happy with this new world order, however. The Queen of the Winter Faeries worries that exposing her hidden world will destroy it, and sends the nastiest storybook characters imaginable to kill Riley before she can out the Fair Folk, too.
The Summer Queen, Winter's arch-rival, promises to protect Riley if she does her a teeny-weeny favor: break into Winter's castle, sneak past creatures straight out of Riley's nightmares, steal a magical mirror, and return it to Summer. All without Winter noticing.
Riley agrees to the favor—what choice does she have? But dealing with the Fae is always a double-edged sword, and the Summer Queen neglected to explain that if Riley successfully pulls off this heist, the entire world might end up on the edge of destruction.
Fiona Skye is a fantasy novelist currently living in the deserts of Southern Arizona. She shares a home with her husband, two kids, three cats, and a Border Collie.
Fiona's passion for story telling began early in life. At age twelve, she wrote her first short story, which was based on a song by White Lion, a 1980s hair band. She has dedicated her life since then to writing, only to be occasionally distracted by her insatiable love of yarn and crochet and the dogged pursuit of the perfect plate of cheese enchiladas.
She counts Diana Gabaldon and Jim Butcher as her favorite authors and biggest influences. Joining these two on the list of people she would wait in queue for a week to have a coffee with are Neil Peart, Kevin Hearne, and Brandon Sanderson.
Website: http://www.fiona-skye.com
Facebook: https://www.facebook.com/fionaskyewriter
Twitter: https://twitter.com/FionaSkyeWriter?lang=en
Book Trailer:
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Author: Tricia Zoeller
Photo by Kim Manska


There are heaps of natural techniques that you can develop a healthier, natural and organic backyard garden. You just need to learn the approaches and use them.
When increasing plants inside of the home, you ought to make certain the thermostat is established at about 65-75 levels in the daytime. The temperature wants to be this warm so they are able to grow. If there are times for the duration of the yr when you would choose not to have the temperature that high, yet another remedy you can employ is to purchase warmth lamps for your organic crops.
It is straightforward to put together your yard for perennial bouquets. Flip above the soil in your backyard so it will be comfortable and straightforward to plant before spreading wooden chips all around your yard. Let the spot have about two months, then dig it and plan the new perennials.
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Pine is a fantastic mulch so do not discard the idea. Some plants do much better in soil with higher acidity as they are highly acidic by themselves. For these sorts of plants, pine needles are superb for mulching. Include the beds with a couple inches of needles and as they decompose, they will disperse acid to the soil.
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Especially designed for very young children, this is a wonderful going to bed game. The tray of the box pulls out to reveal a little bed with a mattress, and a boy or girl (you choose) lying awake in the bed. The aim of the game is to collect as many cards as you can, and they all mean something...a kiss on the knee, a stroke on the cheek, a cuddle, a tickle, a kiss on the nose, and as you put the cards back in the box you are required to do the action to your child......and 4 kisses, 7 cuddles 6 whispers later, it's time to snuggle down to bed! Trust us...it's easier to play than to explain, but this little box is full of love!


text:
Q: error: The requirement is only added I tried to compile the fuse crate.
This fails with the following error:
session.rs:110:1: 114:2 error: The requirement `FS : Filesystem` is added only by the Drop impl. [E0367]

The corresponding line looks like this:
impl<FS: Filesystem> Drop for Session<FS>

i.e. the Drop trait is implemented for the Session type, which looks fine to me.
What exactly is the error here?

A: You cannot use conditional or multi dispatch for the Drop trait right now. In other words, each implementation of Drop has to apply to all "forms" of the Self type, and so can't have bounds on contained type parameters that aren't part of the type itself.
In this example, Session<FS> would only implement Drop if FS: Filesystem, but Session<u8> wouldn't. This is not allowed. To fix this error you can either remove the bound on the Drop impl or add where FS: Filesystem to the "inherent" bounds for the Session type by adding it at the type declaration.


text:
Civil Appeal 33 of 2012
Shimmers Plaza Limited v National Bank of Kenya Limited [2015] eKLR
Shimmers Plaza Limited v National Bank of Kenya Limited
Court of Appeal at Nairobi
Wanjiru Karanja, John Wycliffe Mwera, Philomena Mbete Mwilu
Case History:
(An Application for contempt proceedings against the Managing Directors of the Respondent Company for deliberately disobeying this Honourable Court's Order issued on 25th September, 2013 in Civil Appeal No. 33 of 2012 being an appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Kimondo, J) dated 27th January, 2012 in HCCC NO. 895 OF 2009)
History Docket No:
HCCC 895 of 2009
History Judges:
Kanyi Kimondo
History County:
Case Outcome:
Appeal Allowed in part
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KARANJA, MWERA & MWILU, JJ.A
CIVIL APPEAL NO. 33 OF 2012
SHIMMERS PLAZA LIMITED ..................................APPELLANT
NATIONAL BANK OF KENYA LIMITED………….RESPONDENT
( An application for contempt proceedings against the Managing Directors of the Respondent Company for deliberately disobeying this Honourable court's Order issued on 25th September, 2013 in Civil Appeal No. 33 of 2012 being an appeal from the Ruling and Order of the High court of Kenya at Nairobi ( Kimondo, J) dated 27th January, 2012 in HCCC NO. 895 OF 2009)
This appeal came for hearing before this Court on 26th September, 2013. The appellant Shimmers Plaza Limited was represented by learned counsel R. O. Kwach and Manjit Billing while the respondent National Bank of Kenya Limited was represented by C. O. Rachuonyo.
The appeal was challenging the ruling of Kimondo, J. dismissing the appellant's application seeking an injunction as against the respondent in which the appellant sought to have the respondent restrained from selling the appellant's property known as Title No. L. R. 55525 (L.R. No. 1870/IX/128) situated in Westlands pending the hearing and determination of Nairobi Civil Suit No. 895 of 2009.
We heard the parties, after which we reserved the judgment for delivery on 29th November, 2013. In his submission, Mr. Kwach learned counsel for the appellant entreated this Court to allow the appeal and grant restraining orders against the bank so that the subject matter of the suit pending before the High Court could be preserved. He informed the court that the appellant was prepared to pay the outstanding principal amount within sixty (60) days of the hearing date as they awaited the computation of the interest which appeared to be the bone of contention.
The appeal was strongly opposed by Mr Rachuonyo, learned counsel appearing for the respondent. After hearing the parties, we gave orders to have the status quo prevailing then to be maintained pending the delivery of the judgment which was fixed for 29th November, 2013. For some reason or other, the judgment was not delivered as scheduled on 29th November, 2013 and it was deferred to 13th December, 2013. The said date was declared a public holiday and the judgment was pushed ahead to 20th December, 2013 on which date judgment dismissing the appeal was delivered.
In the meantime, the respondent went ahead and in total disregard of the court order on maintenance of status quo proceeded to dispose of the property and the same was transferred to Cape Suppliers Limited on 15th October 2013, and the transfer registered on 30th October 2013. This prompted the filing of the notice of motion dated 4th December, 2013 under certificate of urgency, which is brought under Section 5 of the Judicature Act and Section 3A and 3B of the Appellate Jurisdiction Act.
The application seeks orders of committal to Civil Jail for six (6) months against Mr. Munir Sheikh Ahmed, the Managing Director of the Respondent, and Mr. Clifford Rachuonyo Advocate who was appearing for the respondent in the appeal. However, when the application came up for hearing on 19th May 2014, learned counsel for the applicant made an informal application to withdraw prayer no. 2 which was in respect of Mr Rachuonyo. There being no objections by the other counsel present that application was allowed, and so Mr Rachuonyo was let off the hook as it were. This ruling therefore only relates to Mr. Munir Sheik Ahmed (respondent).
The application is predicated on two grounds on its face and supported by the affidavit of M. Billing sworn on 4th December, 2013. The gravaman of the grounds and depositions in support of the said notice of motion is that this Court on 26th September 2013 gave an order of maintenance of status quo. The same was to remain in force until the judgment was delivered on 29th November, 2013. The said order was given in open court and delivered in presence of the lead counsel Mr. Richard Kwach, Mr. Manjit Billing both appearing for the appellant, and Mr. Rachuonyo for the respondent.
In blatant contravention of the said order, the property the subject matter of the appeal was sold before the judgment date and the discharge of charge was registered on 30th October, 2013. According to Mr. Billing, the conduct of the respondent through its directors and agents, officers or employees has brought the authority of this Court into disrepute, hence the application.
In his replying affidavit sworn on 29th April 2014, Mr. Munir Sheikh Ahmed the managing director of the respondent has deposed that, the property in question was actually sold as stated vide an agreement of sale dated 20th September, 2013. He has stated that as at the time the agreement of sale was entered into, there were no stay orders. His other argument is that he was not served with the status quo order, the subject of this notice of motion. It is his contention therefore that he cannot be said to have disobeyed any Court order and he cannot therefore he held in contempt of this Court's Orders.
When the application came up for hearing before us, Mr. Billing, learned counsel for the applicant amplified the deponements in his affidavit which we have referred to earlier. He submitted that when the order was issued, the respondent was ably represented by Mr. Rachuonyo who was in court. The respondent cannot therefore, feign ignorance as far as the order is concerned.
He called in aid this Court's Judgment in Justus Kariuki Mate & Another vs Hon. Martin Nyaga Wambora & Another, Civil Appeal No. 24 of 2014 (Wambora case) on the proposition that personal service of the order alleged to have been disobeyed is not mandatory. We shall revert to this point in more detail later as it forms the axis around which this appeal revolves. Mr. Billing's plea to us is to protect the dignity and integrity of this Court by finding the respondent in contempt and committing its managing director to civil jail for a period of six (6) months, or by imposing a fine and also committing him to civil jail.
On her part, Ms. Mc' Asila, learned counsel appearing for the respondent submitted that there was no personal service; that if there was no personal service then there must be proof that the respondent was aware of the order. Furthermore, in her view, there was no contempt committed as the sale agreement that initiated the sale process was signed six (6) days before the status quo orders were issued.
She submitted that there was ambiguity in the order in question that could have made compliance difficult. She was not nonetheless able to pinpoint the ambiguity in the order which was made up of a mere four words.
We have considered the application before us, the rival affidavits and submissions of both counsel. The fact that this Court issued the order in question is not disputed. The only issues for our determination are on service of the order; whether the order was clear, unambiguous and unequivocal; and finally whether there was compliance with the same.
If we find that there was contempt of the court order, then we shall proceed to mete out the sentence that will serve the ends of justice in the circumstances. We will now have a brief look at the law on contempt of Court as it currently stands. The law on Contempt of court is one of those vestiges of the laws we adopted from our colonisers, which quite unfortunately has yet to be amended with a view to bringing it in tandem with the constitution of Kenya 2010. This and any other such statutes need a total overhaul to align them to our endogenous current constitution.
For the time being however we must seek leverage in Section 5 of the Judicature Act which provides:
The High Court and the Court of Appeal shall have the same power to punish for contempt of court as is for the time being possessed by the High Court of Justice in England, and such power shall extend to upholding the authority and dignity of subordinate courts.
An order of the High Court made by way of punishment for contempt of court shall be appealable as if it were a conviction and sentence made in the exercise of the ordinary original criminal jurisdiction of the High Court."
This provision subjects the proceedings of contempt of court in Kenya to the current law governing the High Court of Justice in England. The law governing the justices in England previously was subject to common law and Order 52 of the Supreme Court Rules. However, England enacted the Contempt of Court Act of 1981 which supplements its common law contempt of court offences. The prevailing law of contempt in England is now found in the Contempt of Court Act of 1981 and Part 81 of the procedure in the Civil Procedure (Amendment No. 2) Rules, 2012 that replaced Order 52 of the Supreme Court Rules for contempt proceedings in the Supreme Court of England.
This Court has interpreted and applied the said law locally in many important decisions. In the recent Wambora case (supra), the court had opportunity to interpret and apply Section 5 of the Judicature Act and made the following observation:-
"It is imperative in considering this issue to take into account the applicable law and the governing principles in contempt proceedings. As correctly pointed out by this Court in Christine Wangari Gachege -vs- Elizabeth Wanjiru Evans & 11 Others, - Civil Application No. 233 of 2007 the statutory basis of contempt of court in so far as the Court of Appeal and the High Court are concerned is Section 5 of the Judicature Act and Section 63(c) of the Civil Procedure Act. Of relevance to this case is Section 5 of the Judicature Act which provides:-
" 5 (1) The High Court and the Court of Appeal shall have the same power to punish for contempt of court as is for the time being possessed by the High Court of Justice in England, and that power shall extend to upholding the authority and dignity of subordinate courts.
(2) An order of the High Court made by way of punishment for contempt of court shall be appealable as if it were a conviction and sentence made in exercise of the original criminal jurisdiction of the High Court." (Emphasis added)
Based on the foregoing provision, the applicable law in contempt proceedings in Kenya is the law applicable in the High Court of Justice in England at the time the application for contempt was filed."
Earlier on, this Court in Christine Wangari Gachege -vs- Elizabeth Wanjiru Evans & 11 Others,(supra) when dealing with the same issue concerning the applicability of English Law of contempt in our Courts had this to say:
"Following the implementation of the famous Lord Woolf's Access to Justice Report, 1996', the Rules of the Supreme Court of England are gradually being replaced
with the Civil Procedure Rules, 1999. Recently on 1 st October, 2012 the Civil Procedure (Amendment No. 2) Rules, 2012 came into force and part 81 thereof effectively replaced Order 52 of the Rules of the Supreme Court of England in its entirety." (Emphasis by underline)
Consequently a careful consideration must be had to the provisions of the Contempt of Court Act of 1981 Act and PART 81 of Civil Procedure (Amendment No. 2) Rules, 2012 with regard to contempt proceedings in Kenya. The Contempt of Court Act of 1981 of England is described as:
"An Act to amend the law relating to contempt of court and related matters."
The scope of the said PART 81 as provided under Rule 81.1 is limited to contempt of court, penal, contempt and disciplinary provisions of the County Courts Act 1984, and allows a person to be;
"(a) guilty of contempt of court; or
(b) punishable by virtue of any enactment as if that person had been guilty of contempt of the High Court, to pay a fine or to give security for good behaviour, as it applies in relation to an order of committal."
This also applies to the High Court and Court of Appeal.
PART 81 (Applications and Proceedings in Relation to Contempt of Court)
provides for four different natures or forms of violations under contempt of court, that is,
Committal for "breach of a judgment, order or undertaking to do or abstain from doing an act" provided for under Rule 81.4.
Committal for "interference with the due administration of justice" (applicable only in criminal proceedings) provided for under Rule 81.11.
Committal for contempt "in the face of the court", provided for under Rule 81.16.
Committal for "making false statement of truth or disclosure statement." provided for under Rule 81.17.
Of the four forms of violations, only the contempt for "breach of a judgment, order or undertaking to do or abstain from doing an act" has an outlined procedure of service of the order and the penal notice under rule 81.5, 81.6, 81.7 and 81.8.
According to rule 81.9 all judgments or orders to do or not do an act may not be enforced in contempt proceedings unless a warning to the person required to do or not do the act in question that disobedience to the order would be a contempt of court punishable by imprisonment, a fine or sequestration of assets, has been prominently displayed, on the front of the copy of the judgment or order served. Consequently, the court order and penal notice must be served simultaneously. The terms of the rule are set out below:
"81.9 (1) Subject to paragraph (2), a judgment or order to do or not do an act may not be enforced under rule 81.4 unless there is prominently displayed, on the front of the copy of the judgment or order served in accordance with this Section, a warning to the person required to do or not do the act in question that disobedience to the order would be a contempt of court punishable by imprisonment, a fine or sequestration of assets.
(2) The following may be enforced under rule 81.4 notwithstanding that they do not contain the warning described in paragraph (1)—
an undertaking to do or not do an act which is contained in a judgment or order; and
an incoming protection measure.
(3) In this rule, "incoming protection measure" has the meaning given to it in rule 74.34(1).
(Paragraphs 2.1 to 2.4 of the Practice Direction supplementing this Part and form N117 contain provisions about penal notices and warnings in relation to undertakings.)"
Rule 81.5 governs service of the judgment and or order which must carry a penal notice. Service must be carried out before the expiry of the period to perform an act. Rule 81.6 provides that service must be done personally but this may be dispensed with by the court under rule 81.8. The full text of Rule 81.5 provides as follows:-
"(1) Unless the court dispenses with service under rule 81.8, a judgment or order may not be enforced under rule 81.4 unless a copy of it has been served on the person required to do or not do the act in question, and in the case of a judgment or order requiring a person to do an act –
the copy has been served before the end of the time fixed for doing the act, together with a copy of any order fixing that time;
where the time for doing the act has been varied by a subsequent order or agreement under rule 2.11, a copy of that subsequent order or agreement has also been served;
Where the judgment or order was made under rule 81.4(5), or was made pursuant to an earlier judgment or order requiring the act to be done, a copy of the earlier judgment or order has also been served.
Where the person referred to in paragraph (1) is a company or other corporation, a copy of the judgment or order must also be served on the respondent before the end of the time fixed for doing the act.
Copies of the judgment or order and any orders or agreements fixing or varying the time for doing an act must be served in accordance with rule 81.6 or 81.7, or in accordance with an order for alternative service made under rule 81.8(2)
(b)."
As a general rule under rule 81.6 all service under this breach should be personal service unless the court dispenses with the personal service under rule 81.8. Rule 81.6 provides as follows.
"81.6 subject to rules 81.7 and 81.8, copies of judgments or orders and any orders or agreements fixing or varying the time for doing an act must be served personally."
Rule 81.8 subjects the dispensation of service of copies of a judgment or order to the issue of notice of the judgment and the courts discretion. It provides that:-
"(1) In the case of a judgment or order requiring a person not to do an act, the court may dispense with service of a copy of the judgment or order in accordance
with rules 81.5 to 81.7 if it is satisfied that the person has had notice of it –
by being present when the judgment or order was given or made; or by being notified of its terms by telephone, email or otherwise.
(2) In the case of any judgment or order the court may –
dispense with service under rules 81.5 to 81.7 if the court thinks it just to do so; or
make an order in respect of service by an alternative method or at an alternative place."
The issue of dispensation of service under Rule 81.8 has been divided into two parts, that is,
with regard to breach of a judgment or order undertaking to prohibit a person from doing an act on one part and
the breach of any judgment or order, on the other part.
As per rule 81.8, dispensation of service on the basis of notice or knowledge of the terms of an order will only apply to a court judgment or order requiring a person not to do an act, that is, a prohibitory order. The dispensation of service under rule 81.8
(1) is subject to whether the person can be said to have had notice of the terms of the judgment or order. The notice of the order is satisfied if the person or his agent can be said to either have been present when the judgment or order was given or made; or was notified of its terms by telephone, email or otherwise. In our view, 'otherwise' would mean any other action that can be proved to have facilitated the person having come into knowledge of the terms of the judgment and/or order. This would definitely include a situation where a person is represented in court by counsel. Once the applicant has proved notice, the respondent bears an evidential burden in relation to willfulness and mala fides disobedience. This Court in the Wambora case (supra) affirmed the application of these requirements.
We now revisit the issue of service. Was there service of the order said to have been disobeyed on the respondent? There is no dispute that no formal order was extracted and personally served on the respondent and an affidavit of service filed to that effect.
In that respect, this case can be distinguished from Justus Kariuki Mate & Another vs Hon. Martin Wambora (Wambora case) supra cited by learned counsel for the applicant.
On the other hand however, this Court has slowly and gradually moved from the position that service of the order along with the penal notice must be personally served on a person before contempt can be proved. This is in line with the dispensations covered under 81.8 (1) (supra).
Kenya's growing jurisprudence right from the High court has reiterated that knowledge of a court order suffices to prove service and dispense with personal service for the purposes of contempt proceedings. For instance, Lenaola J in the case of Basil Criticos Vs Attorney General and 8 Others [2012] eKLR pronounced himself as follows:-
"...the law has changed and as it stands today knowledge supersedes personal service.....where a party clearly acts and shows that he had knowledge of a Court Order; the strict requirement that personal service must be proved is rendered unnecessary"
This position has been affirmed by this Court in several other cases including the Wambora case (supra).
It is important however that the court satisfies itself beyond any shadow of a doubt that the person alleged to be in contempt committed the act complained of with full knowledge or notice of the existence of the order of the Court forbidding it. The threshold is quite high as it involves possible deprivation of a person's liberty. This standard has not changed since the old celebrated case of Ex parte Langley 1879, 13
Ch D. 110 (C.A), where Thesiger L.J stated as follows. at p. 119:
"…the question in each case, and depending upon the particular circumstance of the case, must be, was there or was there not such a notice given to the person who is charged with contempt of Court that you can infer from the facts that he had notice in fact of the order which has been made? And, in a matter of this kind, bearing in mind that the liberty of the subject is to be affected, I think that those who assert that there was such a notice ought to prove it beyond reasonable doubt."
What then amounts to "notice"?
Black's Law Dictionary, 9th Ed defines notice as follows:-
"A person has notice of a fact or condition if that person-
Has actual knowledge of it;
Has received information about it; Has reason to know about it;
Knows about a related fact;
Is considered as having been able to ascertain it by checking an official filing or recording."
Would the knowledge of the judgment or order by the advocate of the alleged contemnor suffice for contempt proceedings? We hold the view that it does. This is more so in a case such as this one where the advocate was in Court representing the alleged contemnor and the orders were made in his presence. There is an assumption which is not unfounded, and which in our view is irrefutable to the effect that when an advocate appears in court on instructions of a party, then it behoves him/her to report back to the client all that transpired in court that has a bearing on the client's case.
This is the position in other jurisdictions within and outside the commonwealth.
In addressing the issue whether service of a judgment or order on the solicitor for the Ministers is sufficient knowledge of the order on their part to found liability in contempt; the Supreme Court of Canada in Bhatnager v. Canada (Minister of Employment and Immigration), [1990] 2 S.C.R. 217 at p. 226, LJ Sopinka, held
that:-
"In my opinion, a finding of knowledge on the part of the client may in some circumstances be inferred from the fact that the solicitor was informed. Indeed, in the ordinary case in which a party is involved in isolated pieces of litigation, the inference may readily be drawn. In the case of Minister's of the Crown who administer large departments and are involved in a multiplicity of proceedings, it would be extraordinary if orders were brought, routinely to their knowledge, in such a case there must be circumstances which reveal a special reason for bringing the order to the attention of the Minister." (Emphasis by underline)
The Court went on to state that;
"On the cases, there can be no doubt that the common law has always required personal service or actual personal knowledge of a court order as a pre-condition to liability in contempt....Knowledge is in most cases (including criminal cases) proved circumstantially, and in contempt cases inference of knowledge will always be available where facts capable of supporting the inference are proved.(See Avery v. Andrews(1882) 51LJ Ch. 414) (Emphasis by underline)
In United States v. Revie 834 F.2d 1198, 1203 (5th Cir. 1987) the court held that the defendant had adequate notice of a show cause order because his attorney was on notice. Therefore, a client may be similarly "served" with a court's order by his attorney's communication of its contents and this communication is presumed if the attorney has knowledge of the order.
As stated earlier, in the matter before us, when the appeal came up for hearing, the respondent was ably represented by Mr Rachuonyo who opposed the appeal. Mr Rachuonyo was still in court when the appeal was concluded and final orders given by the Court. The Court reserved the appeal for judgment and ordered that the parties maintain the status quo pending delivery of the judgment.
From what transpired later as can be seen from the notice of motion before us, the respondent through its managing director Mr, Munir in total disregard of the Court order went ahead and transferred the suit property to a third party on 15th October which was during the pendency of the status quo order. His defence as contained in his replying affidavit is that the sale agreement was entered into on 20th September before the orders of status quo were issued and that the Bank was obligated to honour it. According to Ms Mc' Asila who appeared for the respondent herein, there was "an element" of ambiguity in the said order. She could not nonetheless explain which part of the order was ambiguous or misunderstood. It is in the circumstances important to define what status quo means and what it meant for purposes of this appeal. We are apt to mention however, that when that order was made, none of the parties in Court sought any clarification from us as to what the status quo entailed. The presumption therefore must be that everybody knew the meaning and import of that order. "Status quo'' in normal English parlance means the present situation, the way things stand as at the time the order is made, the existing state of things. It cannot therefore relate to the past or future occurrences or events. We fail to see what can be ambiguous about that order. All it meant was that everything was to remain as it was as at the time that order was given. If there was any transaction of whatever nature that was going on in respect of the land in question, it had to freeze and await the discharging of the Court order. The agreement of sale may have been signed prior to that date, but once the court ordered maintenance of status quo, everything else had to wait. We credit Mr Rachuonyo to have understood that and that is why he did not seek an explanation or clarification from the Court as to the extent of the order in question. Indeed, even Ms Mc' Asila while on the one hand was saying that the order had some element of ambiguity, could not on the other hand say what that ambiguity was. Mr Rachuonyo should have properly advised his client to hold his horses and not rush to transfer the property to a third party before judgment was delivered. It is our view that there was nothing ambiguous about the said order and it should have been complied with. Given the outcome of the appeal, the respondent would not have lost anything by the compliance. And, even if the appeal had gone the other way, and notwithstanding whatever loses the respondent would have incurred' once the order of status quo was made, it just had to be obeyed.
Was the respondent in contempt of Court? Did Mr Munir, on behalf of National Bank of Kenya have a duty to comply with the court order?
It cannot be gainsaid that the duty to obey the law by all individuals and institutions is paramount in the maintenance of the rule of law, good order and the due administration of justice.
As stated by Romer, L.J. In Hadkinson –vs- Hadkinson, (1952) ALL ER 567,
"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. Lord Cottenham, L.C., said in Chuck –vs- Cremer (1) (1 Coop. temp.Cott 342):
"A party, who knows of an order, whether null or valid, regular or irregular, cannot be permitted to disobey it… It would be most dangerous to hold that the suitors, or their solicitors, could themselves judge whether an order was null or valid- whether it was regular or irregular. That they should come to the court and not take upon themselves to determine such a question. That the course of a party knowing of an order, which was null or irregular, and who might be affected by it, was plain. He should apply to the court that it might be discharged. As long as it exists it must not be disobeyed."
Further, this Court in Refrigeration and Kitchen Utensils Ltd. –vs- Gulabchand Popatlal Shah & Another, -Civil Application No.39 of 1990 held,
" … It is essential for the maintenance of the rule of law and good order that the authority and dignity of our courts is upheld at all times."
The above pronouncements of law ring true now as they did over sixty years ago when they were made in Hadkinson's case. Unfortunately what we have now is persons both ordinary mortals and persons in authority treating Court orders with unbridled contempt with blatant impunity.
Was the respondent one such person? Unfortunately the answer to this question is in the affirmative. The order was made in presence of counsel for the respondent who as stated earlier must be presumed to have informed the respondent of the same. He went ahead and transferred the property before the due date of the judgment seemingly impatient to have this matter concluded once and for all. He acted in clear contempt of this Court. Government institutions, State officers, banks, and all and sundry are enjoined by law to comply with Court orders. We must deprecate in the strongest terms possible the worrying trend in this country where court orders are treated with tremendous contempt by persons and institutions which think wrongly of course, that they are above the law.
We reiterate here that court orders must be obeyed. Parties against whom such orders are made cannot be allowed to trash them with impunity. Obedience of Court orders is not optional, rather, it is mandatory and a person does not choose whether to obey a court order or not. For as Theodore Roosevelt, the 26th President of the United States of America once said:-
"No man is above the law and no man is below it; nor do we ask any man's permission to obey it. Obedience to the law is demanded as a right; not as a favour''.
The courts should not fold their hands in helplessness and watch as their orders are disobeyed with impunity left, right and centre. This would amount to abdication of our sacrosanct duty bestowed on us by the Constitution. The dignity, and authority of the Court must be protected, and that is why those who flagrantly disobey them must be punished, lest they lead us all to a state of anarchy .We think we have said enough to send this important message across.
Before we conclude, we would like to state that contrary to the averment by the respondent herein that the application is bad in law for lack of leave to institute contempt of court proceedings, under the new Civil Procedure Rules of England (2012) which as stated earlier still apply in respect of contempt of court proceedings in this country, leave of the court before institution of an application such as this is no longer necessary. (See also this Court's ruling in Christine Wangari Gachege v Elizabeth Wanjiru Evans & 11 others). (Supra)
In this case, we find the respondent Mr Munir Sheikh Ahmed, the managing director and chief executive officer of the respondent, and on its behalf, in contempt of the court order dated 26th September 2013.
In the premises, we allow prayer 1 of the notice of motion dated 4th of December 2013 with costs to the applicant, but reserve sentence until the contemnor is heard on mitigation.
Dated and delivered at Nairobi this 18th day of February, 2015.
W. KARANJA
JUDGE OF APPEAL
J. W. MWERA
P. M. MWILU
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
Related Cases Listing
20 Dec 2013: Shimmers Plaza Limited v National Bank Of Kenya Limited [2013] eKLR


text:
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BP, a world-class multinational oil and gas company, changed its direction of leadership back in 2017 when they appointed their first-ever black female CEO, Priscillah Mabelane. Mabelane worked for BP for 6 years before becoming the company's CEO, but she has been making great strides with her work for decades.
For over 20 years, Priscillah built up a portfolio of leadership roles, including her service as the Operations Director for BP's UK retail business. Her career included jobs such as the CFO of Airports Company, tax director of Ernst & Young, as well as roles in finance and general management for Eskom Holdings Limited.
This effort to adequately diversify the roles of leadership in the industry did not go unnoticed, as was proven when Mabelane's promotion caught the ears of officials such as Mmamoloko Kubayi, the Minister of Human Settlements, Water and Sanitation of South Africa. Kubaji shared a statement upon Mabelane's appointment, commenting, "Priscillah's appointment reinforces BPSA's...commitment to cultivating a diverse and inclusive workforce."
Thanks to her appointment, according to thisisafrica.me, BPSA currently holds "the highest number (6) of women in leadership positions, which is over 50% of the executive team. The organization's board chairperson position is also currently held by a woman, Adv. Thandi Orleyn, since 2011." This effort shows that large businesses and companies stand to gain much from reconsidering their demographic of leadership roles.
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8 Famous Black Talk Show Hosts You Should Know


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This is the list of all 4 hotels in Törökbálint.
Offering a restaurant on site, OEKOTEL Tópark Hotel is located in Törökbálint, 10 km from Budapest. Free WiFi access is available.
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Home / Publications / Shia News Wire / Shia News Wire_#1
Shia News Wire_#1
ISIS Destroys Mosques and Shrines in Iraq
ISIS destroys tens of Shia Mosques and Shrines as they continue to instill fear in Iraq. Particularly in the northern Nineveh province, ISIS has destroyed six Shia mosques as well as four shrines. SRW believes UNESCO must act fast as most of destroyed sites are important historical locations that belong to the history of all humanities, not just Shia Muslims.
Threat to a Shia Mosque in Turkey
A Shia mosque located in the Esenyurt district of Istanbul has been attacked. A Molotov cocktail was thrown into the Muhammadiyah mosque early morning on July 8th, causing fire, according to local activists. The same mosque was vandalized on the 9th of July. The mosque's Imam, Mr. Hamza Aydın, has revealed he has been receiving threatening letters since the beginning of the holy month of Ramadan. The fire damaged the mosque significantly but no one was reported injured. SRW is following up with local authorities.
Leaked Security Documents Show ISIS Plots to Attack Shia areas of Lebanon
The Lebanese media reported Sunday that Islamic State of Iraq and al-Sham (ISIS) militants plan to expand their reach from Iraq and Syria into Lebanon. The reports come from Ad-Diyar newspaper, to where the documents had been leaked, describing their plan to attack the Shia and Christian communities near the Syrian border of northern Bekaa Valley.
Another militant group, the Free Sunni Brigades in Baalbek, posted threats via social media towards the Shia groups that if they did not withdraw from Syria, they would soon be targeted, as well as Lebanon's Christian sector, with their armed suicide bombers. Security forces have denounced both threats on credibility.
Joint Statement Condemning Chines Government's Actions Against Muslims
FreeMuslim Association, Imam Shirazi World Foundation and Shia Rights Watch condemned Chines governments' against its Muslim population. After meeting with Rebiya Kadeer, an active leader of Uyghur Muslims, the office of Ayatollah Shirazi issued an statement and asked Chines authorities to respect all ease the pressure on Muslims during the Month of Ramadan. Muslims in China are pressured to break their fast in the holy Month of Ramadhan. Some have even been issued a death sentence for their refusal to stop peaceful rituals. The Shia Rights Watch condemned the actions of government at this meeting and thanked the support of Shia religious leaders in respect to Uyghur people.
For Shia of Mosul Ethnic Cleansing is Just the Beginning
By Justin Schwegel
According to the International Organization for Migration, more than 500,000 have fled Mosul, Iraq's second largest city after the city fell to Sunni jihadist members of the Islamic State of Iraq and the Levant (ISIL). ISIL has the stated goal of creating a radical Sunni Caliphate in Iraq and Syria and has called for the execution and expulsion of Shia Muslims from the territory they control.
Most of those who have fled are now internally displaced persons (IDPs) primarily in Iraq's north and east. ISIL is best known for its numerous atrocities which include execution style murders and crucifixions. There have been innumerable reports of ISIS beheadings of Shia religious leaders and faithful as well and ISIL has destroyed Shia mosques and shrines wherever they are found. During their advances into Northern and Western Iraq, they have committed the mass execution of Shia Muslims.
Fear has driven the massive exodus from ISIL-controlled areas. The IOM places the total number of those displaced by ISIL advances at over 1 million IDPs throughout Iraq. Those fleeing Mosul and other areas of ISIL advance are a heterogeneous group composed primarily of Shia, but with Christians, Kurds and Sunni Muslims who oppose ISIL extremism.
However, for the Shia fleeing ISIL, ethnic cleansing is just the beginning of a tragic journey. There are numerous media reports that Shia who find themselves in towns under the ever-expanding control of ISIS are systematically hunted down and slaughtered. During an interview one Iraqi Kurd who was briefly held by ISIS said that those Shia who cannot be exchanged for prisoners are summarily beheaded.
Those who can escape ISIS territory have sought the relative safety of Kurdish lands patrolled by the Peshmerga. However, following the massive influx of refugees into the semi-autonomous region, Kurdish authorities have tightened restrictions, now requiring a local Kurdish sponsor to enter. This has left some families with nowhere to run. Local charities have been stretched to the breaking point by a lack of resources and the sheer number of those afflicted.
The rise to power of ISIL in Syria and Iraq is an international problem and one that was nurtured by Gulf States hoping for regime change at any cost in Syria. Likewise the threat posed to civilians in both Iraq and Syria is an international problem that calls for international cooperation and support.
Shia Rights Watch condemns the continued funding of terror groups such as ISIL and condemns the ethnic cleansing perpetrated by ISIl and affiliated militia in Iraq. Further, SRW recognizes that this crisis is international in nature and calls on the international community to take collective action to help safeguard refugees and internally displaced persons.
Tags anti_shiism Antishiism IRAQ ISIS Shrine
Incidents of Anti-Shiism in June, 2019
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TORONTO, ON (October 25, 2017) – Technology-driven design firm, IBI Group (TSX:IBG), released a whitepaper today on the 'Top 10 Smart City Success Factors' ahead of the 2017 ITS World Congress, hosted in Montréal from October 29 – November 2. The whitepaper draws on the firm's experience designing smart cities and delivering intelligent transportation systems internationally, and sheds light on the key elements required for cities to develop and implement a successful strategy.
"Smart Cities are already a reality. Government and private sector initiatives worldwide are exploring innovative ways to make cities in the 21st Century more efficient, more livable, and more competitive. We believe that achieving these goals is not just about being technologically advanced – it's also about urban renewal and citizen engagement," said Bruno Peters, IBI Group Smart Cities Task Force Lead, and author of the whitepaper.
Peters will be sharing his ideas during the upcoming international conference by participating in a number of speaking engagements, including in a panel discussion centered around Canada's Smart Cities Challenge, happening on October 30th. The initiative, launched in the summer of 2017, will offer five cities a chance to compete and secure funding up to $70 million. The discussion will explore best practices for developing smart city strategies and cover topics including transforming neighbourhoods, infrastructure, public service, and the economy.
"IBI Group is a leader in applying new and emerging technologies to the increasing interconnected smart cities of today. We effectively integrate systems and technology into our firm's other core disciplines of buildings and infrastructure. Our value comes from holistically combining these disciplines to build and operate a Smart City," said Scott Stewart, IBI Group CEO. Stewart will be delivering a Keynote Presentation at the conference on October 31st, titled 'Smart Cities, Emergent Technologies'.
IBI Group is a Gold sponsor of the Smart Cities Pavilion at the 2017 ITS World Congress. The annual, international conference sees public and private-sector exhibitors and attendees from across the world networking, showcasing the latest technologies, and discussing the future of mobility.
For further details on IBI Group speaking engagements, as well as a list of other conference activities IBI Group is involved in, please visit our Activity Schedule.
For more information on IBI Group's involvement in the 2017 ITS World Congress, or to speak with an IBI Group professional, please contact Julia Harper at Julia.harper@ibigroup.com or 647-330-4706.
IBI Group Inc. (TSX:IBG) is a globally integrated architecture, planning, engineering, and technology firm with over 2,500 professionals around the world. For more than 40 years, its dedicated professionals have helped clients create livable, sustainable, and advanced urban environments. IBI Group believes that cities must be designed with intelligent systems, sustainable buildings, efficient infrastructure, and a human touch. IBI Group is a lead partner of the Smart Cities Council North America. Follow us on Twitter @ibigroup and Instagram @ibi_group.


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Good Morning Monster readers! Many of you may have noticed that I haven't been posting much. Well, I have been in a bit of a reading slump and really haven't had much to post about. However, I think I am seeing the light at the end of the tunnel. I will have a few new … Continue reading Plot Monster Returns!


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Мо́ника Хе́ннаган (; род. , , штат Южная Каролина, США) — американская легкоатлетка, специализировавшаяся на спринтерском беге.

Олимпийская чемпионка в эстафете 4×400 метров на Олимпиаде-2000. На Олимпийских играх 2004 в эстафете 4×400 м также завоевала золотую медаль, но в связи с тем, что Кристал Кокс, которая участвовала в предварительном забеге в составе эстафетной команды, в 2010 году призналась в употреблении допинга в 2001—2004 гг. и в 2012 году была лишена золотой медали решением МОК, встал вопрос о лишении остальных членов сборной США, в том числе Моники Хеннаган, золотых медалей в этой эстафете. Если бы это произошло, золотая медаль досталась бы занявшей второе место сборной России. По правилам тех лет решение о лишении медалей сборной США должна была принимать ИААФ, но по состоянию на 18 августа 2016 года такого решения ИААФ не приняла.

На летних Олимпийских играх 2004 в Афинах была 4-й в личном первенстве на 400 метров. Чемпионка мира в эстафете 4×400 метров (2007), принимала участие в предварительных забегах. Двукратный бронзовый призёр чемпионатов мира в помещении в эстафете 4×400 метров (1999, 2003). Серебряный призёр чемпионата мира среди юниоров 1994 на дистанции 400 метров.

Результаты соревнований
Источник: профиль ИААФ.

Примечания

Ссылки

 Профайл Моники Хеннаган на iaaf.org

Бегуны на короткие дистанции США
Олимпийские чемпионы от США
Олимпийские чемпионы по лёгкой атлетике
Чемпионы летних Олимпийских игр 2000 года
Чемпионы летних Олимпийских игр 2004 года
Легкоатлеты на летних Олимпийских играх 2000 года
Легкоатлеты на летних Олимпийских играх 2004 года
Чемпионы мира по лёгкой атлетике
Чемпионы Игр доброй воли по лёгкой атлетике

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