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CHARITY MPANO NTIYIONE
V.
CHINA COMMUNICATIONS CONSTRUCTION COMPANY LIMITED & ANOTHER

(2019) JELR 103315 (CA)

Court of Appeal 22 Mar 2019 Kenya
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Case Details

Suit Number:Civil Appeal 31 of 2018
Judges:Roselyn Naliaka Nambuye JA, William Ouko JA, Kathurima M'inoti JA
Location:Nairobi
Other Citations:Charity Mpano Ntiyione v. China Communications Construction Company Limited & another [2019] eKLR

JUDGMENT OF THE COURT

After obtaining an order of temporary injunction on 24th October 2016 restraining the 1st respondent, China Communications Construction Company Ltd from quarrying on LR No. KJD/LOODRIAK/908 (the suit property), the appellant, Charity Mpano Ntiyione, applied on 1st February 2017 for committal to jail of three directors of the 1st respondent, for alleged contempt of court. The Environment and Land Court at Kajiado (C. Ochieng, J.) heard the application and dismissed the same vide a ruling dated 11th December 2017, thus precipitating this appeal. The learned judge held that the injunctive order was obtained ex parte; that there was no evidence of service of the order upon the 1st respondent’s directors or knowledge on their part of its existence and that the appellant did not in any event adduce evidence to prove that the 1st respondent had violated the court order. She also held that some of the issues raised by the appellant in the suit ought to be heard by the ded…

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