MILLICENT WAIRIMU & 4 ORS
V.
JOHNSON NYAGA MAINA & 2 ORS

(2022) JELR 113744 (CA)

Court of Appeal 28 Apr 2022 Kenya
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Case Details

Suit Number:Civil Appeal 87 of 2017
Judges:RN Nambuye, JA F Sichale, JA S ole Kantai, JA
Location:Nyeri

JUDGMENT

  1. Millicent Wairimu, Wilson Njeru Njoka, Dorothy Njoki Njoka, Emily Wanja Njoka and Phillis Wangui Njoka (the appellants herein), have filed this appeal against the ruling of Olao, J. dated 21st April 2017.

  2. The appeal arises from a motion that had been filed at the Environment and Land Court in Kerugoya by the 1st respondent on 21st October 2016, seeking inter alia an order to commit the appellants to civil jail for a term of six months for contempt of court for having deliberately disobeyed orders issued by the court on 5th April 2016 and 19th May 2016. (Though the parties indicated that the said orders were issued on 5th April 2016, the record clearly indicates that they were issued on 1st April 2016.)

  3. Be that as it may, subsequently thereafter, the appellants filed a Notice of Preliminary Objection on 16th November 2016, contending inter alia that the orders issued on 5th April 2016 by the Senior Principal Magistrate’s Court at Gichugu were issued per incuriam and that the Cour…

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