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Sigona Jua Kali Association v County Governmnet Of Kiambu & 8 others [2021] KEELC 3887 (KLR)

[2021] KEELC 3887 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3887
Citation
[2021] KEELC 3887 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeLand Contempt ProceedingsPostureAppeal from a previous judgment
Holding

The Court grants the Plaintiff/ Applicant leave to apply for contempt proceedings and finds the Plaintiff/ Applicant entitled to the orders sought.

Facts

The Plaintiff/Applicant sought orders against the Land Registrar and other defendants for non-compliance with court orders issued on May 2, 2019.

Issues

  1. Whether the Court should grant the Plaintiff/ Applicant leave to apply for contempt proceedings.
  2. Whether the Plaintiff/ Applicant is entitled to the orders sought.

Reasoning

The Court ruled that the law governing contempt of court proceedings in Kenya is the English law applicable at the time the alleged contempt is committed. The Plaintiff/Applicant was granted leave to file contempt proceedings as the contempt relates to a judgment of the Court delivered on May 2, 2019.

Outcome

The Plaintiff/Applicant is granted leave to apply for contempt proceedings and is found entitled to the orders sought.

Orders

  • Grant leave to apply for contempt proceedings.
  • Find the Plaintiff/ Applicant entitled to the orders sought.

Authorities cited

Legislation (2)
  • Judicature Act, 1873
  • Contempt of Court Act, 1981
Cases cited (1)
  • Christine Wangari Chege vs Elizabeth Wanjiru Evans & Others (2014) eKLR
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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