Elkana Ombaire Monyenye v Daniel Ouko Omoko & another [2016] KEHC 6045 (KLR)
- Court
- High Court of Kenya
- Case number
- 6045
- Citation
- [2016] KEHC 6045 (KLR)
- Decided
- 26 February 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeContempt of CourtPostureApplication for contempt of court following non-compliance with court orderCoramJ. M. MUTUNGI
Holding
The plaintiff's application for contempt is incompetent and struck out with no orders as to costs.
Facts
The plaintiff/applicant filed an originating summons claiming adverse possession of land, and an ex parte injunction was granted. The defendants filed a Notice of Motion to set aside the ex parte injunction. The plaintiff later filed an application for contempt of court after the defendants allegedly disobeyed the injunction.
Issues
- Whether the defendants disobeyed the court order
- Whether the plaintiff's application for contempt is timely
Reasoning
The injunction was granted on 16th November 2010 and issued on 23rd December 2010. It lapsed on 22nd December 2011 due to non-extension by the court. The plaintiff's application was brought after the order had lapsed.
Outcome
Struck out with no orders as to costs
Authorities cited
Legislation (2)
- Civil Procedure Rules 2010
- Order 40 Rules 1 and 3, Order 51 Rules 1, 3 and 4 of the Civil Procedure Rules
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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