Vitalis Otiego Odida v Martin Chengo [2022] KEELC 1380 (KLR)

Summary at a glance

Facts

The Plaintiff, Vitalis Otiego Odida, had a judgment against the Defendant, Martin Chengo, for trespass on his property. The Defendant, however, built structures on the Plaintiff's property without removing them.

Issues

• Whether the application is properly before court.
• Whether the terms of the order were clear and unambiguous and were binding on the Defendant.
• Whether the Defendant was aware of the Judgment and he Decree.
• Whether the Defendant/Respondent is deliberately in breach of the orders issued by this honourable court.
• Whether the Plaintiff is deserving of the prayers sought.

Reasoning

The court found that the Defendant's actions were deliberate and in breach of the court's orders, and that the terms of the order were clear and unambiguous.

Outcome

The Defendant is found in contempt and ordered to remove structures and foundations, restore the suit property, and pay a fine.

Orders

• Purge the contempt of the orders issued on 11th June 2020.
• Remove the structures and foundations he has erected on the Plaintiff's property LR NO 209/20594 and to restore the suit property and the beacons and boundary marks to their original condition within thirty (30) days form the date of this ruling.
• Fine the Defendant Kshs.200,000/- in default to serve four (4) months imprisonment.

Remedies

• Removal of structures and foundations
• Restoration of suit property and beacons and boundary marks
• Fine of Kshs.200,000/- in default to serve four (4) months imprisonment

Authorities cited