Alvine Kamande v Esther Njeri Njenga & 5 others [2014] KEHC 7995 (KLR)
- Court
- High Court of Kenya
- Case number
- 7995
- Citation
- [2014] KEHC 7995 (KLR)
- Decided
- 19 June 2014
The court dismissed the plaintiff's application for contempt, finding that the application was not properly served and that there was no proof of service of the court order on the defendants.
Facts
The plaintiff, Alvine Kamande, filed an application for contempt against the defendants, Esther Njeri Njenga and others, alleging that they had violated a court order prohibiting the registration of charges against the disputed land. The defendants argued that the plaintiff's application was defective and that they were not in contempt.
Issues
- Whether the defendants are in contempt of court for violating a court order prohibiting the registration of charges against the disputed land.
- Whether the plaintiff's application for contempt was properly served and supported by proof of contempt.
Reasoning
The court ruled that the plaintiff's application was not properly served and that there was no proof of service of the court order on the defendants. The court held that the defendants were not in contempt.
Outcome
Application dismissed
Orders
- Application dismissed
- No order for costs
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Registered Land Act (repealed)
Cases cited (1)
- Jacob Zedekiah Ochuno & Another –vs- George Aura Okombo & others (Civil Appeal NO. 36 of 1989) KLR 165
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