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Sangare v Sadera & 4 others; Seventh Day Adventist Church (Interested Party) (Environment & Land Case E001 & E011 of 2023 (Consolidated)) [2024] KEELC 3325 (KLR) (23 April 2024) (Ruling)

[2024] KEELC 3325 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
3325
Citation
[2024] KEELC 3325 (KLR)
Decided
23 April 2024
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeContempt of CourtPostureApplication for contempt of courtCoramCG MBOGO
The 1st and 3rd defendants are in contempt of court and are ordered to be arrested and arraigned on 25th April, 2024 to show cause why they should not be committed to prison for contempt of court.

Facts

The plaintiff/applicant filed a notice of motion application seeking contempt of court against the 1st and 3rd defendants for disobeying court orders issued on 26th October, 2023. The defendants were served with the orders and acknowledged receipt, but proceeded to transfer parcels of land to the interested party.

Issues

  • Contempt of court for disobeying court orders
  • Commitment to civil jail for contempt of court

Reasoning

The court found that the defendants disobeyed court orders and violated the contempt of court act, thus they are in contempt and liable to be punished.

Outcome

The defendants are ordered to be arrested and arraigned on 25th April, 2024.

Orders

  • Arrest and arraign Leposo Sadera and the District Land Registrar, Narok on 25th April, 2024 to show cause why they should not be committed to prison for contempt of court.

Authorities cited

Legislation (4)
  • Civil Procedure Rules
  • Civil Procedure Act
  • Contempt of Court Act 2016
  • Environment and Land Court Act
Cases cited (3)
  • Order 40 Rule 3(1) of the Civil Procedure Rules
  • Section 63 (c) of the Civil Procedure Act
  • Section 29 of the Environment and Land Act
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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