Case law
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Division and case type: Environment and Land CourtELC Land Miscellaneous Application
…It is averred that on 15th July 2025, this court issued orders of status quo in respect of the suit property NORTH WEST GEM/SIREMBE/1437, restraining the respondents, their servants and/or agents from evicting the applicant…
…Mweru & Others v National Land Commission & 2 others [2020] eKLR where Mativo J stated thus;- “Contempt of court is not merely a mechanism for the enforcement of court orders.…
Division and case type: Environment and Land CourtCivil Suit
…In addition, the Plaintiffs have urged the court to make a declaration that the 1st Defendant is in contempt of the court orders issued on 29th October, 2024 to give vacant possession of the suit properties.…
…It is the 1st Defendant’s case that he was yet to comply with the court orders since he had on 23rd October, 2024 lodged an application for stay of execution of the decree pending an intended appeal.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…The court having issued such temporary orders, the parties to the suit have a duty to obey the said orders of the court.…
…The Respondents had also participated in the inter-parties hearing of the Application that brought about the court orders in issue, and thus they cannot claim not to have knowledge of the court orders.…
Division and case type: Environment and Land CourtELC Land Petition
…Further, the deponent admitted that their advocate on record informed them on the contents of the said court orders, and the consequences of disobedience of the court orders in place, and they never contravened any orders…
…Therefore, the Respondents should be punished for disobeying the said court orders.…
Division and case type: Environment and Land CourtCivil Suit
…He has blatantly failed to address the issue of whether he breached the court orders or not. 22.…
…The Contemnor’s Replying Affidavit having failed to show compliance with the court orders, the Honourable Court ought to punish the contemnors and grant the orders sought.…
Division and case type: Environment and Land CourtOriginating Summons (OS)
…orders is a serious matter and can only be alleged against a party where there are deliberate attempts to ignore court orders; that this application is an attempt to circumvent Order 5 Rule 29 of the Civil Procedure Rules…
…I am in the circumstances obliged to revert to the provisions of the law that operated before the enactment of the Contempt of Court of Act, to avoid a lacuna in the enforcement of Court’s orders.…
Division and case type: Environment and Land CourtELC Land Appeal
…Kefa Omuyoma Otieno (hereinafter referred to as applicant) has come to this court for orders that the honorable Court be pleased to hold the Respondent and/or his agents/servants in contempt of the orders of Court issued…
…In the alternative Honorable Court orders the attachment of the Respondent's and/or his agents/servants properties as consequence of the breach or disobedience of the orders of Court issued on 11th April, 2024.…
Division and case type: Environment and Land CourtCivil Suit
…In the application it is alleged that Kassim contracted Duncan to erect a perimeter wall on one edge of the suit property in blatant disregard of court orders issued on 7/11/2023.…
…Court orders issue ex cathedra, are compulsive, peremptory and expressly binding.…
Division and case type: Environment and Land CourtELC Land Civil Suit
…Esther Langat Chumo has come to this court praying that Charles Koech and Joseph Koech be summoned to show cause why they should not be committed to Civil Jail for disobeying Court orders of 24th November 2023 and that the…
…It has been stated elsewhere that compliance with court orders is an issue of fundamental concern for a society that seeks to base itself on the rule of law.…
Division and case type: Environment and Land CourtELC Land Originating Summons
…That therefore, he enforced the subordinate court’s orders of eviction and duly evicted the appellant from the suit land on 24th November 2023.…
…In the case of Fred Matiang’i (supra), the Court of Appeal stated the following with regard to orders of the court: - “…When courts issue orders, they do so not as suggestions or pleas to the persons at whom they are directed…
Division and case type: Environment and Land CourtELC Land Appeal
…The Defendants as intended contemnors opposed the said application for contempt of court orders, vide a Replying Affidavit sworn by George Katumpe, wherein they denied that they were in contempt of the orders of the court…
…Therefore, it is evident that they were not aware of said court orders of 9th September 2019, when it was issued, and there was no evidence that they had knowledge of the said court orders.…
Division and case type: Environment and Land CourtELC Land Appeal
…Kefa Omuyoma Otieno (hereinafter referred to as applicant) has come to this court for orders that the honorable Court be pleased to hold the Respondent and/or his agents/servants in contempt of the orders of Court issued…
…In the alternative Honorable Court orders the attachment of the Respondent's and/or his agents/servants properties as consequence of the breach or disobedience of the orders of Court issued on 11th April, 2024.…
Division and case type: Environment and Land CourtAppeal
…Whether in light of existing contempt proceedings and subsisting orders, the court was justified in declining to hear the appellant’s application. c. Who pays the costs? 10.…
…A party that is in deliberate disobedience of court orders may, in appropriate circumstances, be denied audience until compliance. g. However, this principle is not absolute.…
Division and case type: Environment and Land CourtCivil Suit
…It must however be remembered that Court orders are not made in vain and are meant to be complied with.…
…Consistent obedience to court orders is required, and parties should not take it upon themselves to decide on their own which court orders are to be obeyed and which ones overlooked, in the supposition that this oversight…
Division and case type: Environment and Land CourtCivil Suit
…It is based on an alleged disobedience of this Honourable Court’s orders issued on 28th February 2025 as stated by the Applicant 2. …
…However, the it will not be without a stern warning that court orders and directions ought to be strictly adhered to/followed and given the due respect deserved as blatant disregard and abuse of court orders leads not only…
Division and case type: Environment and Land CourtCivil Suit
…It is based on an alleged disobedience of this Honourable Court’s orders issued on 28th February 2025 as stated by the Applicant 2. …
…However, the it will not be without a stern warning that court orders and directions ought to be strictly adhered to/followed and given the due respect deserved as blatant disregard and abuse of court orders leads not only…
Division and case type: Environment and Land CourtCivil Suit
…The honorable Court issued orders on 2nd May 2024 preserving the status quo of the suit property.…
…He submits that the 2nd Plaintiff/Respondent has not engaged in any willful attempt to disobey court orders.…
Division and case type: Environment and Land CourtCivil Suit
…It is based on an alleged disobedience of this Honourable Court’s orders issued on 28th February 2025 as stated by the Applicant 2. …
…However, the it will not be without a stern warning that court orders and directions ought to be strictly adhered to/followed and given the due respect deserved as blatant disregard and abuse of court orders leads not only…
Division and case type: Environment and Land CourtCivil Suit
…It is based on an alleged disobedience of this Honourable Court’s orders issued on 28th February 2025 as stated by the Applicant 2. …
…However, the it will not be without a stern warning that court orders and directions ought to be strictly adhered to/followed and given the due respect deserved as blatant disregard and abuse of court orders leads not only…
Division and case type: Environment and Land CourtELC Land Civil Suit
…It is based on an alleged disobedience of this Honourable Court’s orders issued on 28th February 2025 as stated by the Applicant 2. …
…However, the it will not be without a stern warning that court orders and directions ought to be strictly adhered to/followed and given the due respect deserved as blatant disregard and abuse of court orders leads not only…