Ominde v Odongo (Environment and Land Case Civil Suit 300 of 2016) [2023] KEELC 260 (KLR) (26 January 2023) (Ruling)
- Court
- Environment & Land Court
- Case number
- 260
- Citation
- [2023] KEELC 260 (KLR)
- Decided
- 26 January 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureAppeal from a previous order for contemptCoramSO OKONG'O
Holding
The plaintiff's application for contempt is dismissed with costs.
Facts
The plaintiff filed a suit in 2016, and for the last 6 years, the parties have engaged in interlocutory applications. The plaintiff sought an order for the defendant's committal to civil jail for contempt of an injunction order from April 11, 2017.
Issues
- Whether the defendant committed contempt of court
- Whether the defendant's construction on Plot No 1508 was in violation of the injunction order
Reasoning
The court found no evidence that the defendant committed contempt, as the temporary iron sheet structure was in place as of the issuance of the injunction order and was not on Plot No 1508.
Outcome
The application for contempt is dismissed.
Orders
- The application for contempt is dismissed with costs.
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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