RULING
This ruling is in respect of an application for contempt of court filed by the applicant herein against the respondent herein on 27th July, 2009.
The applicant avers that after a protracted litigation between the parties Suit No. L269/91 was settled out of court and the Terms of Settlement were filed in court on the 4th March, 2009. This was adopted by the court as consent judgment in the litigation on the same day. By the said judgment, the parties divided the disputed land into two equal parts with each party taking 31feet 6inches.
Later the applicant visited the land and found that both the applicant’s land and the respondent’s land had been fenced with zinc roofing sheets. Also foundation covering part of applicant’s portion of the land had been excavated and concrete cement was being poured therein by a labour force of about 30men. The applicant goes on to aver that in spite of the fact that the terms of settlement are tantamount to a judgment of a court of competent jurisdic…