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Wildlife Lodges Limited v County Council of Narok & another (Environment & Land Case 34 of 2019) [2023] KEELC 20538 (KLR) (11 October 2023) (Ruling)

[2023] KEELC 20538 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
20538
Citation
[2023] KEELC 20538 (KLR)
Decided
11 October 2023
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureAppeal from a previous contempt orderCoramCG MBOGO, Ibrahim, Nyamu, Ojwang
Holding

The court found that the 2nd defendant/respondent is in breach of the orders issued by Justice Ojwang on February 2, 2004 and has disobeyed the court's orders.

Facts

Wildlife Lodges Limited filed a chamber summons application against the County Council of Narok and another, seeking orders for contempt due to alleged disobedience of court orders.

Issues

  1. Whether the 2nd defendant/respondent is in breach of the orders issued by Justice Ojwang on February 2, 2004
  2. Whether the 2nd defendant/respondent has violated and disobeyed the court's orders

Reasoning

The court ruled that contempt is conduct that impairs the fair and efficient administration of justice and upheld the authority of the court. The 2nd defendant's disobedience was found to be in breach of the court's orders.

Outcome

The court upheld the contempt order against the 2nd defendant/respondent.

Orders

  • Detention of the Managing Director of the 2nd defendant, Nayan Patel for a period of six (6) months or such period as deemed necessary for disobedience
  • Sequestration of the properties of the 2nd defendant and the Managing Director of the 2nd defendant, Nayan Patel for disobedience
  • Prohibition of the 2nd defendant and its lawyers from being heard by the court until they purge the contempt of the orders of the court

Remedies

  • Detention of the Managing Director for six months
  • Sequestration of properties
  • Prohibition from being heard by the court

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Judicature Act
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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