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Kilundo Mulului v Wambua Waa [2008] KEHC 1794 (KLR)

[2008] KEHC 1794 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1794
Citation
[2008] KEHC 1794 (KLR)
Decided
29 May 2008
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for contempt of court and costsCoramLenaola
Holding

The application is granted, and the defendant is committed to civil jail for a period deemed necessary by the court for contempt of court.

Facts

The plaintiff alleges that the defendant has entered the suit land, ploughed it, and harvested the plaintiff's mango fruits, breaching a court order dated January 26, 2007.

Issues

  1. Defendant's breach of court order
  2. Competence of the plaintiff's suit
  3. Statute-barred nature of the plaintiff's suit

Reasoning

The court found the defendant in contempt of court for breaching the order and dismissed the plaintiff's suit as incompetent and statute-barred.

Outcome

Application granted, defendant committed to civil jail for contempt of court.

Orders

  • Application certified as urgent
  • Defendant committed to civil jail for contempt of court
  • Officer Commanding the Machakos Police Station to enforce the court order
  • Defendant to pay costs of the application
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.
Full judgment 0.2 MB · PDF

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