Mohamed Swaleh Karama Hantosh v Khalid Swaleh Karama & another [2017] KEELC 61 (KLR)
- Court
- Environment & Land Court
- Case number
- 61
- Citation
- [2017] KEELC 61 (KLR)
- Decided
- 14 June 2017
The application is dismissed with costs to the 1st defendant.
Facts
The plaintiff obtained a temporary injunction order on 15th December 2016 restraining the defendant from trespassing, entering, constructing, dumping building materials or excavating on plot NO. MOMBASA/BLOCK XVII/1323. The order was served on the 2nd defendant on 16th December 2016. The plaintiff changed the locks on his doors to deny the defendants access of his property. The plaintiff alleges that the defendant broke the locks and entered into the premises at night.
Issues
- Whether the defendant disobeyed the court order and is therefore guilty of contempt.
- Whether the plaintiff has proved the alleged contempt on the part of the defendant.
Reasoning
The court found that the plaintiff has not proved the alleged contempt on the part of the defendant. The plaintiff did not provide photographic evidence of the alleged broken locks and the court was not told how the applicant came to know that it was the respondent who did it.
Outcome
Dismissed
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