David Ouma Okore v Phelesia Adoyo Otieno & another [2016] KEELC 314 (KLR)
- Court
- Environment & Land Court
- Case number
- 314
- Citation
- [2016] KEELC 314 (KLR)
- Decided
- 9 November 2016
The court finds that the 2nd Defendant/Respondent disobeyed the court order by planting sugarcane on the suit land and is in contempt of court.
Facts
The Plaintiff/Applicant, David Ouma Okore, obtained an order restraining the 2nd Defendant/Respondent, Moses Ayaga Adhinga, from entering, remaining in, and interfering with his quiet possession and enjoyment of the suit land. The order was served on the 2nd Defendant/Respondent on June 30, 2014, and the Plaintiff/Applicant claims the 2nd Defendant/Respondent disobeyed the order by planting sugarcane on the land.
Issues
- Whether the order issued on June 23, 2014, restrained the 2nd Defendant/Respondent from entering onto the suit land
- Whether the 2nd Defendant/Respondent disobeyed the court order by planting sugarcane on the suit land
Reasoning
The court finds that the 2nd Defendant/Respondent disobeyed the court order by planting sugarcane on the suit land, which was confirmed by the Assistant Chief's letter dated June 29, 2016.
Outcome
The 2nd Defendant/Respondent is in contempt of court and is cited accordingly.
Orders
- The 2nd Defendant/Respondent is in contempt of court for disobeying the court order dated June 23, 2014.
- A warrant of arrest for the 2nd Defendant/Respondent is to be issued and executed before the next mention date.
- The 2nd Defendant/Respondent to pay costs of the application.
Remedies
- Citation for contempt of court
- Warrant of arrest
- Payment of costs
Authorities cited
Legislation (1)
- Civil Procedure Act
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