Zacharia Baraza t/a Siuma Actioneers & 3 others v Kombe & another (Environment and Land Appeal E057 & E077 of 2023 (Consolidated)) [2024] KEELC 3623 (KLR) (30 April 2024) (Judgment)
- Court
- Environment & Land Court
- Case number
- 3623
- Citation
- [2024] KEELC 3623 (KLR)
- Decided
- 30 April 2024
Summary at a glance
TypeAppealPostureAppeal from a ruling of Hon. B. M. Cheloti, Principal MagistrateCoramEK WABWOTO
The appeal is allowed, the lower court's ruling is set aside, and each party bears their own costs.
Facts
The appellants filed an application seeking to cite the respondents for contempt, but the lower court granted preliminary objections and restrained the respondents from certain actions.
Issues
- Whether the respondents met the threshold for granting the orders sought in their application for contempt.
- Whether the appeal is meritorious and the lower court's ruling should be set aside.
Reasoning
The court found that the respondents did not meet the threshold for granting the orders sought in their application for contempt and that the appeal is meritorious.
Outcome
Appeal allowed, lower court's ruling set aside
Orders
- The consolidated appeal is allowed.
- The Ruling and Orders issued on 12th June 2023 by the lower court are hereby set aside and vacated.
- Each party to bear own costs of the Appeal and the proceedings before the lower court.
Authorities cited
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