Chami v Chami & another (Environment and Land Case 31 of 2017) [2023] KEELC 21196 (KLR) (6 November 2023) (Ruling)

Summary at a glance

Facts

The plaintiff, Alois Wafula Chami, applied for an order restraining the defendants, Julia Akello Chami and Patrick Ouma Chami, from burying the remains of the deceased, Willimina Knight, on his land. The defendants buried the remains on the plaintiff's land despite the court's order.

Issues

• Contempt of court orders
• Ownership of land

Reasoning

The court held that the defendants disobeyed the court's order and acted in contempt of court, despite the plaintiff's repeated requests.

Outcome

The application was granted, and the defendants were ordered to be arrested and committed to civil jail for 6 months.

Orders

• Order for arrest and committal to imprisonment for a period of 6 months or both of the defendants for contempt of court orders.
• Order for the costs of the application to be provided for by the defendants.
• Order for the parties to meet their own costs.
• Encouragement to settle the dispute outside the court.

Remedies

• Arrest and committal to imprisonment for a period of 6 months or both of the defendants for contempt of court orders.
• Order for the costs of the application to be provided for by the defendants.

Authorities cited