[2016] KEHC 3304 (KLR)
The court found that the parties had reached a consent whereby the defendant agreed to cease all construction and trespass on the disputed land, thereby purging the alleged contempt. The court adopted the consent as its order, emphasizing that compliance with court orders is mandatory and that parties may resolve...
Source-derived case information.
- Citation
- [2016] KEHC 3304 (KLR)
- Parties
- Plaintiff: Board of Governors Consolata Hospital; Defendant: Lawrence Mungiiria
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 83 of 2015
- Procedural Posture
- Miscellaneous Application / Interlocutory Ruling
- Outcome
- consent_order_recorded_and_adopted
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Interlocutory Injunctions, Land Disputes, Waste and Trespass
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Board of Governors Consolata Hospital
Plaintiff
Lawrence Mungiiria
Defendant
Procedural Posture
Miscellaneous Application / Interlocutory Ruling
Legal Issues
- 1 Whether the defendant disobeyed the interlocutory injunction issued on 23rd September, 2015.
- 2 Whether the defendant should be punished for contempt of court for continuing construction and waste on the disputed land parcel NKUENE/TAITA/559.
Ratio Decidendi
The court found that the parties had reached a consent whereby the defendant agreed to cease all construction and trespass on the disputed land, thereby purging the alleged contempt. The court adopted the consent as its order, emphasizing that compliance with court orders is mandatory and that parties may resolve contempt issues by consent, provided the terms are clear and enforceable. The court deferred further directions to a later date to allow for possible settlement of the pending application and the entire suit.
Court Disposition
consent_order_recorded_and_adopted
Orders
- The defendant shall purge the contempt by ceasing/stopping any further construction or development on NKUENE/TAITA/559.
- The defendant shall cease any form of trespass upon NKUENE/TAITA/559.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
E&L NO. 83 OF 2015
BOARD OF GOVERNORS CONSOLATA HOSPITAL......................PLAINTIFF
VERSUS
LAWRENCE MUNGIIRIA................................................................DEFENDANT
R U L I N G
1. This Ruling concerns an application dated 12th July, 2016 and seeks orders:-
(1) THATthe Honourable Court be pleased to certify this application of utmost urgency and to hear it on priority basis and ex-parte and in the 1st instance.
(2) THATthe Honourable Court be pleased to issue an order that the defendant LAWRENCE MUNGIIRIA be detained in prison for a term not exceeding six months for disobeying a Court
2. The application is supported by the Affidavit of Father Cyrus Mwiti and has the following grounds:-
1. THATthe Defendant has disobeyed the Court Order of interlocutory injunction issued on 23rd September, 2015
2. THATthe Defendant has entered and started committing waste and also constructing on land Parcel Number NKUENE/TAITA/559 and therefore this application warrants expeditious hearing to curb further wastage.
3. On 27/07/2016 the parties reached a Consent in the following terms:-
“BY Consent of the parties and their respective Advocates Kindly record the following consent.
(a) The Defendant shall purge the contempt by ceasing/stopping any further construction or any form of development on the disputed parcel of land being NKUENE/TAITA/ 559.
(b) The Defendant shall cease any form of trespass upon the disputed land i.e NKUENE/TAITA/559.
(c) Meanwhile the matter be mentioned within 6 weeks to record a consent , (if any), on account of the pending application and the entire suit.
4. This consent is adopted as an order of this Court.
5. Further directions will be issued on 21st September, 2016 .
6. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 28TH DAY OF JULY 2016 IN THE PRESENCE OF:-
CC: Lilian/Daniel
Mutuma for the Plaintiff
Mutegi for the Defendant
P.M. NJOROGE
JUDGE