West End Butchery Limited v Benedict Muimi Mungithya & another Interested Parties Florence Akoth Odhiambo & 6 others [2018] KEELC 618 (KLR)

Summary at a glance

Facts

The Plaintiff, West End Butchery Limited, filed an application seeking orders against the Respondents and Interested Parties for contempt of court for engaging in construction, sub-division, alienation and general dealing with the suit property after a court order on July 27, 2018. The Plaintiff alleged ongoing constructions and dealings on the property despite the court order.

Issues

• Contempt of court for ongoing construction and dealings on the suit property
• Preservation of the status quo and orders to prevent encroachment

Reasoning

The court found that the Respondents and Interested Parties were not in contempt of the court's orders of July 27, 2018, as the structures on the suit property were not completed before the order was issued. The court also declined to grant orders allowing the Plaintiff to put its agents on the suit land.

Outcome

Application dismissed with no order as to costs