[2019] KEELC 3101 (KLR)

[2019] KEELC 3101 (KLR)

The court found that the applicants failed to discharge the burden of proof required in contempt proceedings. There was no tangible evidence, such as a surveyor's report or a report from the Officer Commanding Lessos Police Station, to substantiate the allegations that the respondent trespassed and cultivated the...

Source-derived case information.

Citation
[2019] KEELC 3101 (KLR)
Parties
Applicant: Cecilia Chepkoech Leting; Applicant: Maureen Cheptoo Leting; Applicant: Antonio Kiprop Leting; Respondent: David Bisem
Court
Environment and Land Court
Court Station
Environment and Land Court at Eldoret
Jurisdiction
Kenya
Case Number
Environment & Land Case 967 of 2012
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Outcome
application dismissed with costs
Judges
A Ombwayo
Legal Topics
Contempt of Court, Injunctive Orders, Burden of Proof, Trespass to Land
Source Language
en
Land and Property Civil Procedure Contempt of Court Injunctive Orders Burden of Proof Trespass to Land

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Cecilia Chepkoech Leting

Applicant

Maureen Cheptoo Leting

Applicant

Antonio Kiprop Leting

Applicant

David Bisem

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Contempt Application

Legal Issues

  1. 1 Whether the respondent willfully disobeyed court orders restraining him from interfering with the applicants. possession of the suit land.
  2. 2 Whether the applicants discharged the burden of proof required to establish contempt of court.

Ratio Decidendi

The court found that the applicants failed to discharge the burden of proof required in contempt proceedings. There was no tangible evidence, such as a surveyor's report or a report from the Officer Commanding Lessos Police Station, to substantiate the allegations that the respondent trespassed and cultivated the suit land in violation of court orders. Mere allegations without corroborative evidence are insufficient to establish willful disobedience. Consequently, the application for committal for contempt was found to be without merit and was dismissed with costs to the respondent.

Court Disposition

application dismissed with costs

Orders

  • The application dated 20th July 2017 is dismissed with costs to the respondent.