SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Simandi Investments Limited v Njeru & 2 others; Bwomanwa & another (Intended Contemnors) (Environment and Land Case Civil Suit 1035 of 2016) [2024] KEELC 1144 (KLR) (29 February 2024) (Ruling)

[2024] KEELC 1144 (KLR) Environment & Land Court
Read PDF
Court
Environment & Land Court
Case number
1144
Citation
[2024] KEELC 1144 (KLR)
Decided
29 February 2024
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContemptPostureAppeal from an order granting an application for contemptCoramO. A. ANGOTE
Holding

The court found the defendants in contempt and ordered them to be cited for contempt.

Facts

The plaintiff filed a suit seeking a determination of the suit property's proprietorship and compensation for compulsory acquisition. The court issued interim orders and later ordered the National Land Commission to withhold half of the compensation pending the suit. The defendant paid the full compensation before the court's ruling.

Issues

  1. Res judicata defense
  2. Contempt of court

Reasoning

The court ruled that the defendants were in contempt because they paid the full compensation before the court's ruling, despite the interim orders.

Outcome

The defendants were found in contempt and ordered to be cited for contempt.

Orders

  • The defendants were found in contempt and ordered to be cited for contempt.

Authorities cited

Cases cited (1)
  • Henderson vs Henderson (1843-60) All ER 378
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.
Full judgment 0.3 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case