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Viktar Maina Ngunjiri v. Jack & Jill Supermarkets Ltd

(2018) JELR 94913 (CA)

Court of Appeal  •  Civil Appeal 219 of 2011  •  9 Nov 2018  •  Kenya

Milton Stephen Asike Makhandia, Mohammed Abdullahi Warsame, William Ouko



The interlocutory appeal before us emanates from the ruling and order of Musinga, J. (as he was then) delivered on 16th February 2011. The ruling was the culmination of an application made by the respondent seeking to have the Town Clerk, City Council of Nairobi and Viktar Maina Ngunjiri “the appellant” cited and punished for contempt of court.

The application was premised on the grounds that would be the contemnors and in particular, the appellant had failed to comply with a valid court order that restrained him from demolishing and or interfering with the respondent’s quiet possession of the premises comprised in L.R No. 209/869 “the suit premises”. The respondent alleged that the said order had been personally served on the appellant together with the attendant penal notice but that the appellant flagrantly and brazenly disobeyed the same by gradually demolishing the suit premises.

How did the dispute come this far?

The respondent had been a tenant in the suit pre…

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