[2021] KEELC 2041 (KLR)

[2021] KEELC 2041 (KLR)

The court found that the orders of 17th February 2017 were negative in nature and incapable of being breached, as they merely dismissed an application without imposing obligations. The ex parte orders of 3rd March 2017 were not extended and thus lapsed, making them unenforceable for contempt. The orders of 15th June...

Source-derived case information.

Citation
[2021] KEELC 2041 (KLR)
Parties
Applicant: Abdala Ali Abdulrahman; Respondent: The Ministry of Lands, Planning, Housing, Mombasa County; Respondent: The Chief Officer, Ministry of Planning; Respondent: The County Surveyor, Mombasa County; Respondent: The County Government of Mombasa; Respondent: The Registrar Mombasa District; Respondent: The Honourable Attorney General; Applicant: Mahmood Haiderlu Khimji; Applicant: Sakaii Mahmood Khimji
Court
Environment and Land Court
Court Station
Environment and Land Court at Mombasa
Jurisdiction
Kenya
Case Number
? 225 of 2016
Procedural Posture
Civil Suit / Ruling on Contempt Application and Interlocutory Injunction
Outcome
Application dismissed with costs to the respondents and interested parties.
Legal Topics
Contempt of Court, Injunctive Relief, Land Access Disputes, Personal Service of Orders
Source Language
en
Land and Property Civil Procedure Contempt of Court Injunctive Relief Land Access Disputes Personal Service of Orders

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Summary, issues, holding and outcome

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Parties

Abdala Ali Abdulrahman

Applicant

The Ministry of Lands, Planning, Housing, Mombasa County

Respondent

The Chief Officer, Ministry of Planning

Respondent

The County Surveyor, Mombasa County

Respondent

The County Government of Mombasa

Respondent

The Registrar Mombasa District

Respondent

The Honourable Attorney General

Respondent

Mahmood Haiderlu Khimji

Applicant

Sakaii Mahmood Khimji

Applicant

Procedural Posture

Civil Suit / Ruling on Contempt Application and Interlocutory Injunction

Legal Issues

  1. 1 Whether the orders of 17th February 2017, 3rd March 2017, and 15th June 2017 were breached by the alleged contemnors.
  2. 2 Whether the requirements for contempt of court have been satisfied against the respondents and interested parties.
  3. 3 Whether a mandatory or permanent injunction can be granted at the interlocutory stage.

Ratio Decidendi

The court found that the orders of 17th February 2017 were negative in nature and incapable of being breached, as they merely dismissed an application without imposing obligations. The ex parte orders of 3rd March 2017 were not extended and thus lapsed, making them unenforceable for contempt. The orders of 15th June 2017 were directed solely to the OCS Central Police Station to provide security, which was complied with; they were not directed at the alleged contemnors. The applicants failed to demonstrate personal service or knowledge of the orders on the interested parties not named in the suit. The requirements for contempt—clear order, personal service, knowledge, and willful...

Court Disposition

Application dismissed with costs to the respondents and interested parties.

Orders

  • The Notice of Motion dated 19th April 2018 is dismissed with costs.
  • No orders for committal for contempt are issued against Abdalla Ali Abdulrahman, Khalef Khalifa, or James Kinara.