Thuita Ritho v Salim Ali & another [2018] KEELC 3075 (KLR)
- Court
- Environment & Land Court
- Case number
- 3075
- Citation
- [2018] KEELC 3075 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureNotice of Motion filed by Plaintiff for contempt of courtCoramLADY JUSTICE MARY M. GITUMBI, JUSTICE SAMSON O. OKONG’O
Holding
The court sentences the contemnors to one month in civil jail for disobedience of the court order.
Facts
The Plaintiff/Applicant, Thuita Ritho, filed a Notice of Motion alleging that the Defendants/Respondents, Salim Ali and Fatuma Ali, were continuing construction on the suit property in violation of a court order issued on 25 February 2014.
Issues
- Conviction and commitment of contemnors to civil jail
- Demolition of structures and compensation for losses
- Re-survey and re-installation of beacons
Reasoning
The court found the contemnors to be 'proved contemnors' who disobeyed the court order, and upheld the authority and dignity of the court.
Outcome
The court ordered the contemnors to serve one month in civil jail.
Orders
- Conviction and commitment of contemnors to civil jail for one month
Remedies
- Demolition of structures and compensation for losses
- Re-survey and re-installation of beacons
Authorities cited
Legislation (2)
- Civil Procedure Act, 2010
- Civil Procedure Rules, 2010
Cases cited (1)
- Refrigeration and Kitchen Equipment Utensils Ltd vs Shah & Others 1990 LLR 294 (CAK)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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