[2023] KEELC 16789 (KLR)

[2023] KEELC 16789 (KLR)

The court found that while there was a clear and binding court order restraining the defendants from demolishing structures or evicting the plaintiffs, the evidence presented by the plaintiffs was insufficient to prove, to the required standard, that the defendants willfully breached the order. The photographs provided were unclear, and there was no specific evidence identifying which defendant committed the alleged acts. The court emphasized that contempt proceedings require a high standard of proof due to their quasi-criminal nature. Regarding the application for a temporary injunction, the court held that the plaintiffs failed to demonstrate a prima facie case, irreparable harm, or a...

Citation
[2023] KEELC 16789 (KLR)
Parties
Plaintiff: Eric Ngode; Plaintiff: John Agonyo; Plaintiff: Pamela Odolo; Plaintiff: Martin Omondi; Plaintiff: Peter Atito; Plaintiff: Ismael Lisa; Defendant: Kenya National Highways Authority; Defendant: Kenya Urban Roads Authority; Defendant: National Land Commission
Court
Environment and Land Court
Court Station
Environment and Land Court at Kisumu
Jurisdiction
Kenya
Judgment Date
13 April 2023
Case Number
Land Case 604 of 2021
Procedural Posture
Land Case / Ruling on Interlocutory Applications (injunction and Contempt)
Outcome
Both the application for contempt and the application for temporary injunction are dismissed for lack of merit. Costs to abide the main suit.
Judges
E Asati
Legal Topics
Injunctive Relief, Contempt of Court, Compulsory Acquisition, Public Projects, Status Quo Orders
Source Language
English
Land and Property Civil Procedure Injunctive Relief Contempt of Court Compulsory Acquisition Public Projects Status Quo Orders

Case Brief

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Parties

Eric Ngode

Plaintiff

John Agonyo

Plaintiff

Pamela Odolo

Plaintiff

Martin Omondi

Plaintiff

Peter Atito

Plaintiff

Ismael Lisa

Plaintiff

Kenya National Highways Authority

Defendant

Kenya Urban Roads Authority

Defendant

National Land Commission

Defendant

Procedural Posture

Land Case / Ruling on Interlocutory Applications (injunction and Contempt)

Legal Issues

  1. 1 Whether the defendants disobeyed a court order restraining demolition or eviction, amounting to contempt of court.
  2. 2 Whether the plaintiffs are entitled to temporary injunctive relief restraining the defendants from interfering with their property pending determination of the suit.

Ratio Decidendi

The court found that while there was a clear and binding court order restraining the defendants from demolishing structures or evicting the plaintiffs, the evidence presented by the plaintiffs was insufficient to prove, to the required standard, that the defendants willfully breached the order. The photographs provided were unclear, and there was no specific evidence identifying which defendant committed the alleged acts. The court emphasized that contempt proceedings require a high standard of proof due to their quasi-criminal nature. Regarding the application for a temporary injunction, the court held that the plaintiffs failed to demonstrate a prima facie case, irreparable harm, or a...

Court Disposition

Both the application for contempt and the application for temporary injunction are dismissed for lack of merit. Costs to abide the main suit.

Orders

  • The application dated 23rd November 2021 is disallowed.
  • The application dated 7th April 2022 is disallowed.