Nyali Beach Cycads Limited v Guchu & 3 others (Environment & Land Case E002 of 2020) [2024] KEELC 6961 (KLR) (17 October 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 6961
- Citation
- [2024] KEELC 6961 (KLR)
- Decided
- 17 October 2024
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for contempt of courtCoramCA OCHIENG
Holding
The 3rd Defendant's application is unmerited and will be disallowed.
Facts
The 3rd Defendant seeks contempt of court against the Plaintiff for disobeying court orders issued on 24th September, 2021.
Issues
- Whether the Plaintiff should be cited for contempt for contravening the orders issued on 24th September, 2021.
- Whether the 3rd Defendant is entitled to damages and costs for illegal demolition of crops and land structure.
Reasoning
The court found that the orders issued on 24th September, 2021 were conditional and applied only to the 2nd Defendant's Notice of Appeal. The 3rd Defendant did not seek a stay of execution of earlier orders against him.
Outcome
The 3rd Defendant's application is dismissed.
Authorities cited
Legislation (2)
- Article 40 of the Constitution
- Civil Procedure Act
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.
Loading judgment…