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MUSA ANGIRA ANGIRA V SILFANUS NGOJE OCHIENG & ANOTHER [2009] KEHC 3093 (KLR)

[2009] KEHC 3093 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3093
Citation
[2009] KEHC 3093 (KLR)
Decided
16 June 2009
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for contempt of courtCoramD. Musinga
Holding

The defendants are found guilty of contempt of court and are directed to be arrested and delivered to the court.

Facts

The plaintiff, MUSA ANGIRA ANGIRA, filed an application seeking to cite and punish the defendants, SILFANUS NGOJE OCHIENG and ABICH NGOJE, for disobeying lawful court orders issued on 10th March, 2009. The orders restrained the defendants from dealing with the suit land known as L.R No. SUNA WEST/WASWETA II/216. Despite the orders, the defendants continued to cultivate, plant, cut down trees, and dig trenches on the land.

Issues

  1. Defendants' disobedience to court orders
  2. Contempt of court

Reasoning

The plaintiff's affidavit and evidence from the area Chief confirmed the defendants' continued trespass on the suit land despite the court orders.

Outcome

Guilty of contempt of court

Orders

  • Directing the Officer Commanding Migori Police Station to arrest and deliver the defendants to the court

Remedies

  • Arrest and delivery of defendants to the court
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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