Sketty (Legal Administrator of the estate of Nassor Ali Nahdy) v Mahsoud aka Awadh Mas (Environment and Land Miscellaneous Application 51 of 2021) [2022] KEELC 13600 (KLR) (11 October 2022) (Ruling)
- Court
- Environment & Land Court
- Case number
- 13600
- Citation
- [2022] KEELC 13600 (KLR)
- Decided
- 11 October 2022
Summary at a glance
TypeContempt of CourtPostureApplication for leave to apply for an order of committal to civil jail for contempt of court ordersCoramM.A. Odeny
The application is struck out with costs to the respondent, and the applicant is at liberty to file the application in the Magistrates Court where the order was issued.
Facts
Temporary injunction granted by Kili’ County Magistrates Court restraining the defendant from trespassing, encroaching, demolishing, building, selling, dividing, disposing of, alienating or in any other manner having any dealings with a parcel of land in Kili’ County known as Plot No. 89/284/III/MN pending the hearing and determination of the suit.
Issues
- Whether the defendant disobeyed a court order issued by the High Court in Kili’ County Magistrates Court Case No. 13 of 2021.
- Whether the High Court has jurisdiction to punish for contempt of court orders issued by the Magistrates Court.
Reasoning
The High Court does not have the jurisdiction to punish for contempt of court orders issued by the Magistrates Court, as the Magistrates Court has the power to punish for contempt in the face of the court or if there is disobedience of temporary injunction.
Outcome
Struck out with costs to the respondent
Orders
- Application struck out
- At liberty to file in the Magistrates Court
Authorities cited
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