Vros Produce Limited v Mwawthethe & 14 others; Shera & 2 others (Contemnor) (Environment & Land Case 2 of 2023) [2025] KEELC 4089 (KLR) (29 May 2025) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4089
- Citation
- [2025] KEELC 4089 (KLR)
- Decided
- 29 May 2025
Summary at a glance
TypeContempt of CourtPostureApplication for sanctions and warrants of arrestCoramEK MAKORI
Application dismissed with costs awarded to contemnors
Facts
Vros Produce Limited filed a motion seeking sanctions and warrants of arrest against 15 contemnors for disobeying court orders issued on March 7, 2023, to stop construction on the suit property. The contemnors denied service and claimed they were not parties to the proceedings.
Issues
- Contemnors' liability for contempt of court
- Service of court orders
Reasoning
Court found that the contemnors were not parties to the proceedings and that the evidence of service was insufficient. The court concluded that the contemnors were not accountable for breaching court orders they were not parties to.
Outcome
Application dismissed
Orders
- Application dismissed with costs awarded to contemnors
Authorities cited
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