ERERI COMPANY v GEORGE ANYONA & 3 others [2011] KEHC 2437 (KLR)
- Court
- High Court of Kenya
- Case number
- 2437
- Citation
- [2011] KEHC 2437 (KLR)
The court finds the Notice of Motion to be incompetent and dismisses it with costs to the defendants and contemnors.
Facts
The plaintiff, Ereri Company Ltd, filed a Chamber Summons seeking a temporary injunction to restrain defendants from entering, occupying, or interfering with land. The court granted a temporary injunction pending a hearing on 12/11/2011. The plaintiff then filed a Notice of Motion seeking contempt proceedings against the defendants and contemnors.
Issues
- Whether the plaintiff demonstrated service of the court order on the defendants and contemnors
- Whether the contempt proceedings were valid and merited
Reasoning
The court ruled that the plaintiff failed to demonstrate service of the court order on the defendants and contemnors, and that contempt proceedings are a criminal matter requiring higher proof.
Outcome
The Notice of Motion is dismissed with costs to the defendants and contemnors.
Orders
- The Notice of Motion is dismissed with costs to the defendants and contemnors
Authorities cited
Cases cited (1)
- RE BRAMBLEVALE LTD [1970] CH 128
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