PETER K. YEGO & 3 OTHERS v PAULINE NEKESA KODE [2009] KEHC 3312 (KLR)

Facts

The plaintiffs sought to cite the defendant for contempt of court for disobeying a temporary injunction granted on 13th May 2005. The injunction restrained the defendant from subdividing, disposing off, constructing on, cultivating or cutting trees on the suit piece of land. The plaintiffs alleged that the defendant was served with a copy of the order on 4th December 2007, but the affidavit of service stated the service was on 7th December 2007.

Issues

1. Whether the defendant was properly served with the court order
2. Whether the defendant disobeyed the court order

Reasoning

The court found that the service of the order is unclear and there is no clear evidence of service, thus there is no basis for the application to cite the defendant for contempt of court.

Outcome

Application dismissed with costs

Authorities cited