Joyce Mokeira Momanyi v Martha Nyaboke [2014] KEHC 208 (KLR)
- Court
- High Court of Kenya
- Case number
- 208
- Citation
- [2014] KEHC 208 (KLR)
- Decided
- 14 November 2014
The defendant is found guilty of contempt of court for knowingly and willfully disobeying the previous order and is ordered to remove crops, temporary structures, and the septic tank within 14 days.
Facts
The plaintiff brought a suit against the defendant seeking a declaration that Francis Kerongo Anyona is the registered owner of the suit property and an injunction to prevent the defendant from entering or encroaching on the property. The plaintiff also sought an interlocutory injunction and a finding of contempt of court for disobeying a previous order.
Issues
- Ownership of the suit property
- Defendant's compliance with a previous court order
Reasoning
The defendant was aware of the injunction order but proceeded to plant crops and build structures on the property, thus disobeying the court order.
Outcome
Defendant found guilty of contempt of court
Orders
- Defendant to remove crops and temporary structures within 14 days
- Defendant to cease using the septic tank
Remedies
- Defendant to remove crops and temporary structures within 14 days
- Defendant to cease using the septic tank
Authorities cited
Cases cited (2)
- Mutitika –vs- Baharini Farm Ltd (supra)
- Hadkinson -v- Hadkinson (1952) 2 All ER 567
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