Maalim v Ahamed & 2 others [2022] KEELC 15628 (KLR)

Maalim v Ahamed & 2 others (Environment & Land Case E001 of 2022) [2022] KEELC 15628 (KLR) (8 December 2022) (Ruling)

Neutral citation: [2022] KEELC 15628 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case E001 of 2022

LN Mbugua, J

December 8, 2022

Between

Mohammed Dahir Maalim

Plaintiff

and

Fatuma Ahamed

1st Defendant

Colonel Farah

2nd Defendant

Guled

3rd Defendant

Ruling

1. While this matter is coming up for judgement, there is also a pending application filed by the Plaintiff dated June 17, 2022 brought under section 4 of the Contempt of Court Act, 2016, Sections 1A, 1B, 3A and 63 (c) of the Civil Procedure Act, Cap 21 Laws of Kenya and Order 40 Rule 3 of the Civil Procedure Rules, 2010. It is based on grounds on its face and on the Plaintiff’s supporting affidavit sworn on June 16, 2022.

2. I find that the orders sought are premised on an interlocutory order given on February 8, 2022, where by injunctive orders were granted pending the determination of the suit. However, the court has given a final determination in the matter hence the application is marked as spent. The plaintiff is at liberty to move the court accordingly in terms of implementation and execution of the judgment.

DATED, SIGNED AND DELIVERED AT NAIROBI THIS 8TH DAY OF DECEMBER, 2022 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Chelangat for PlaintiffCourt assistant: Eddel/Vanilla