David Anunda v John Karu

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Election Petition 210 of 2008 DAVID ANUNDA……………………………………………………PLAINTIFF VERSUS JOHN KARU (Sued in his own capacity and as the Chairman Of Kileleshwa Githunguri Road Residents Association)…1ST DEFENDANT MARGARET OWINO (Sued as the Secretary Kileleshwa Githunguri Road Residents Association)……………….2ND DEFENDANT EUNICE MIMA (Sued as the Treasurer Kileleshwa Githunguri Road Resident Association)…………………3RD DEFENDANT RULING This is an application brought by the Plaintiff by way of Notice of Motion dated 6 th April 2009 and expressed to be brought under Section 5 of the Judicature Act Cap 8 Laws of Kenya Section 3A of the Civil Procedure Act and Order XXXIX 2 (A) of the Civil Procedure Rules seeking leave of this Honourable Court to institute contempt of court proceedings against the Defendants named herein JOHN KARU, MARGARET OWINO and UNICE MIMA for having disobeyed the court order issued by this court on the 9th October 2008. In support of the application David Anunda has sworn an affidavit giving grounds. He avers that on which orders were to the effect that the Respondents were restrained from interfering with the Plaintiff’s quiet possession and enjoyment of the suit property being LR No 209/13260 Nairobi pending the hearing and determination of this suit; that the order was given in court in the presence of Counsel for the Respondents Mr. Ibrahim and the same with a penal notice was served upon all the Respondents; that thereafter on 6 th November 2008 when he went to the suit land he was prevented by the Respondents to gain access and that he has on several occasions been denied access to his property by the Respondent. All these the Respondents did while fully aware of 9th October 2008 this court issued orders of injunction

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