Shah & another v Kigotho & another; Munge (Interested Party) (Environment and Land Case Civil Suit 1167 of 2013) [2024] KEELC 3381 (KLR) (24 April 2024) (Ruling)

Summary at a glance

Facts

The plaintiffs, Tushar Shah and Beejal Shah, filed a Notice of Motion application seeking contempt of court orders against the defendants, John Mariara Kigotho and Tumnga Limited, and their directors, Godfrey Ngatia and Thomas Waweru, for failing to vacate the suit property and pay Kshs 3,000,000 in damages as ordered in a previous judgment.

Issues

• whether the defendants should be cited for contempt
• whether the defendants should be ordered to vacate the land
• whether the defendants should pay the Kshs 3,000,000 in damages

Reasoning

The court found that the defendants did not comply with the previous judgment and were in contempt of court. The plaintiffs were not able to enjoy the fruits of their judgment due to the defendants' non-compliance.

Outcome

The application is allowed in terms of prayers numbers a)- e) and the defendants are condemned to pay costs of the application.

Orders

• The defendants are ordered to vacate the suit land
• The defendants are ordered to pay Kshs 3,000,000 in damages

Remedies

• Costs of the application are awarded to the plaintiffs

Authorities cited