Wings of Life Gospel Church International Trustees v Somo & 4 others (Environment & Land Case E132 of 2021) [2021] KEELC 1407 (KLR) (21 October 2021) (Ruling)
- Court
- Environment & Land Court
- Case number
- 1407
- Citation
- [2021] KEELC 1407 (KLR)
- Decided
- 21 October 2021
The 1st defendant is in contempt of the orders made by the court and is ordered to vacate the suit property and hand over possession to the plainti.
Facts
Wings of Life Gospel Church International Trustees filed an application against Hussein Adan Somo and others, seeking to restrain them from demolishing and interfering with the suit property, which is parcel L.R No. 209/16780, I.R 211484, also known as Plot B, Racecourse and General Waruinge Road.
Issues
- Whether the 1st defendant breached the orders issued by the court
- Whether the 1st defendant is entitled to the reliefs sought in the application
Reasoning
The court found the 1st defendant in contempt of the orders made on 23rd April, 2021, as he refused to vacate the suit property and hand over possession to the plainti. The 1st defendant was aware of the orders and had already constructed a perimeter wall around the property.
Outcome
The 1st defendant is ordered to vacate the suit property and hand over possession to the plainti.
Orders
- The 1st and 2nd defendants are restrained on a temporary basis from demolishing the plainti’s structures, evicting the plainti, selling, charging and/or interfering in any manner whatsoever with the plainti’s possession of the suit property.
- There shall be a temporary inhibition inhibiting the registration of any other or further dealings with the suit property.
Remedies
- The 1st defendant is ordered to vacate the suit property and hand over possession to the plainti.
Authorities cited
Cases cited (3)
- Hardkinson v Hardkinson (1952) ALL ER 567
- Mutitika v Baharini Farm Ltd (1985) KLR 227
- Michael Sistu Mwaura Kamau v Director of Public Prosecutions & 4 others (2018) eKLR
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