JUDGMENT:
By a Motion on Notice, brought under Order 50 r 1 of the High Court Civil Procedure Rules, 2004 (CI 47), the Defendant/Applicant (hereinafter referred to as the Applicant, seeks an order for the committal of the 1st Plaintiff/Respondent (hereinafter referred to as the Respondent) for contempt of Court. The motion was supported by an affidavit and supplementary affidavit.
The circumstances preceding this application are that the Respondent commenced an action against the Applicant for the reliefs endorsed on the writ of summons, namely; Declaration of Title to the land in dispute, an order of perpetual injunction against the Applicant, damages for trespass, costs and any other reliefs the Court may deem it just to grant. The Respondent also filed an application for an order of interlocutory injunction against the Applicant to restrain her acting by herself, or her workmen, assigns among others from carrying out or continuing construction works on the land pendin…