Mware v Ajode (Environment and Land Appeal E010 of 2025) [2026] KEELC 63 (KLR) (20 January 2026) (Ruling)
- Court
- Environment & Land Court
- Case number
- 63
- Citation
- [2026] KEELC 63 (KLR)
- Decided
- 20 January 2026
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a judgment and decree of the Honourable V. M. Ogutu SRM at Kisumu in Kisumu CMCEL CASE NO 37 OF 2020CoramE ASATI
Holding
The application for contempt of court is dismissed as the standard of proof has not been met.
Facts
The appellant, Thomas Akomo Mware, sought an order for contempt of court against the respondent, Scholastica Rose Ajode, for interfering with his occupation of land parcel KISUMU/KONYA/6615 by gaining forceful entry and destroying the land.
Issues
- Whether the respondent had knowledge of the court order of stay of execution of the judgment
- Whether the respondent acted in breach of the court order of permanent injunction
Reasoning
The court finds that the respondent had knowledge of the order and that the applicant's complaint is not supported by clear evidence.
Outcome
Application dismissed
Authorities cited
Cases cited (2)
- Basil Criticos -vs- Attoney General & 8 Others (2012)eKLR
- Mutitika vs Baharini Farm Limited [1985] KLR 227
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.
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