[2017] KEELC 852 (KLR)
The court found that the applicant failed to provide sufficient evidence to demonstrate that John Mungo Shimanyula, the head teacher and secretary of the School Management Committee, was personally responsible for ongoing construction on the suit property in defiance of the court orders. The application was...
Source-derived case information.
- Citation
- [2017] KEELC 852 (KLR)
- Parties
- Plaintiff: The Board of Trustees Kenya Good News Outreach Churches; Defendant: Masinde Muliro Primary School
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 160 of 2016
- Procedural Posture
- Land Case / Ruling on Contempt Application
- Outcome
- application dismissed with costs
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Interlocutory Injunctions, Status Quo Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Board of Trustees Kenya Good News Outreach Churches
Plaintiff
Masinde Muliro Primary School
Defendant
Procedural Posture
Land Case / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendant, through its head teacher, disobeyed court orders restraining construction on the suit property.
- 2 Whether sufficient evidence was provided to prove willful disobedience of the court orders.
Ratio Decidendi
The court found that the applicant failed to provide sufficient evidence to demonstrate that John Mungo Shimanyula, the head teacher and secretary of the School Management Committee, was personally responsible for ongoing construction on the suit property in defiance of the court orders. The application was supported only by photographs and conclusory statements, lacking rationalization or direct proof linking the alleged contemptuous acts to the named individual. As a result, the court held that the threshold for granting orders of committal for contempt had not been met and dismissed the application with costs.
Court Disposition
application dismissed with costs
Orders
- The application dated 28/7/2017 is dismissed with costs.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KITALE
LAND CASE NO. 160 OF 2016
THE BOARD OF TRUSTEES KENYA GOOD NEWS
OUTREACH CHURCHES.................................................PLAINTIFF
VERSUS
MASINDE MULIRO PRIMARY SCHOOL....................DEFENDANT
R U L I N G
1. The application dated 28/7/2017 seeks the following orders:-
(1) That this application be certified urgent and be heard ex-parte in the first instance.
(2) That this Honourable Court be pleased to commit JOHN MUNGO SHIMANYULA the Head teacher who is the Secretary, School Management Committee of Masinde Muliro Primary School to Civil Jail for a period of six (6) months for disobedience of the Court Orders dated 15/12/2016 and 27/4/2017.
(3) Costs be provided for.
2. The applicant’s case is that an order was issued by this court on 15/12/2016 restraining the defendant, from any further construction on the suit property until the hearing and determination of the main suit.
3. The applicant states that the head teacher of the Masinde Muliro Primary School was served with the Court Order issued on 3/4/2017 but he is nevertheless proceeding with the construction on the suit premises.
4. Willful disobedience of a Court Order is a serious matter. Court Orders are supposed to be complied with by all persons against whom they are issued. It is for a purpose that the orders are issued.
5. In this case the orders were issued in order to preserve the status quo pending the hearing and determination of the mains suit. It is now alleged that the headmaster of the Masinde Muliro Primary School has been going on with the construction despite service upon him of the order.
6. However as it will be clear to any person the application dated 28/7/2017 does not contain evidence that the said John Mungo Shimanyula is going on with the construction.
7. The applicant has just attached a few pictures and made conclusory statements without any kind of rationalization to demonstrate that it is John Mungo Shimanyula who is doing the construction and secondly, that the construction is actually going on.
8. For this reason I find that the application is unsupported by evidence and this court is not able to issue the orders sought at present. The application dated 28/7/2017 is hereby dismissed with costs.
Dated, signed and delivered at Kitale on this 30th day of October, 2017.
MWANGI NJOROGE
JUDGE
30/10/2017
Coram before Mwangi Njoroge Judge
Court Assistant – Isabellah/Picoty
Ms. Mwemeke for Chelashaw for the defendant/respondent
Plaintiff is in person through (Pastor Pius)
COURT
Ruling read in open court in the presence Pastor Pius for applicant and counsel for the respondent.
MWANGI NJOROGE
JUDGE
30/10/2017