SNM v MMM (Environment and Land Appeal E026 of 2023) [2025] KEELC 6122 (KLR) (16 September 2025) (Judgment)
- Court
- Environment & Land Court
- Case number
- 6122
- Citation
- [2025] KEELC 6122 (KLR)
- Decided
- 16 September 2025
The court finds that the respondent did not prove contempt on part of the appellant in relation to the orders made by the court on 18/8/2022.
Facts
The respondent initiated a case against the appellant in the Chief Magistrate Court, seeking a declaration that the appellant held 8 parcels of land in trust for her and restraining the appellant from selling, leasing, disposing, or using the land without her involvement and consent. The Lower Court found the appellant guilty of contempt for not complying with the order issued on 18/8/2022.
Issues
- Whether the respondent proved contempt on part of the appellant in relation to the order issued by the Lower Court on 18/8/2022
Reasoning
The court determined that the respondent did not prove contempt because the lower court did not address the reliefs sought in the application dated 18/8/2022 and instead focused on reliefs that did not exist in that application.
Outcome
The appeal succeeds and the ruling of the Lower Court is set aside.
Orders
- The ruling of the Lower Court is set aside and the application dated 17/5/2023 is marked 'dismissed with costs in the cause'.
- The two pending applications dated 15/7/2020 and 18/8/2022 and the main suit shall be disposed forthwith.
- Parties shall bear their respective costs of this appeal.
Authorities cited
Cases cited (2)
- Susan Munyi v Keshar Shiani (2013) eKLR
- Abok James Odera t/a A. J Odera & Associates v John Patrick Machira t/a Machira & Co Advocates (2013) eKLR
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