Kwame Kariuki & another v Mohamed Hassan ali & 3 others [2012] KEHC 5493 (KLR)
- Court
- High Court of Kenya
- Case number
- 5493
- Citation
- [2012] KEHC 5493 (KLR)
- Decided
- 29 June 2012
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from an original trialCoramR. OUGO
Holding
The Court granted the applicants' application for leave to prosecute the respondents for contempt of court and ordered the respondents to be detained in prison for a term of six months.
Facts
Kwame Kariuki and Ruth Abraham Kariuki filed a civil suit against Mohamed Hassanali Alimohamed Janmohamed and Hamida Mohamed Hassanali Janmohamed seeking declaratory and injunctive orders to prevent the defendants from constructing or developing a property known as L.R No. 1160/42.
Issues
- Whether the applicants are entitled to an injunction pending the hearing and determination of the suit.
- Whether the respondents are in contempt of the interim injunction order issued on November 14, 2011.
Reasoning
The Court found the respondents in contempt of court for failing to comply with the interim injunction order.
Outcome
The respondents were ordered to be detained in prison for a term of six months.
Orders
- Stay of proceedings pending arbitration of the dispute between the parties.
- Interim injunction to be granted restraining the 1st and 2nd defendants from constructing, erecting building or in any other manner developing any structure and buildings on the property known as L.R No. 1160/42 pending the hearing and determination of the suit.
Remedies
- Detention in prison for a term of six months.
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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