[2011] KEHC 2127 (KLR)

[2011] KEHC 2127 (KLR)

The court found that while the Defendants were served with the order requiring maintenance of status quo, the order itself was not clear and unambiguous as to what was required of the Defendants. The Plaintiffs were required to rely on the plaint and supporting affidavits to interpret the order, which did not provide sufficient clarity for contempt proceedings. Furthermore, the Plaintiffs failed to prove to the requisite standard that the Defendants were responsible for the destruction of the fence and structure, as there was no direct evidence or affidavit from the alleged eyewitness. Consequently, the application for contempt was dismissed.

Citation
[2011] KEHC 2127 (KLR)
Parties
Plaintiff: Daniel Karuru Mwaura; Plaintiff: Rose Lilian Nyambura; Plaintiff: Perry Wanjiku Mbugua; Plaintiff: Patrick Muchiru Githuka; Plaintiff: Edwin Njoroge Kihoro; Plaintiff: Wangari Githii; Plaintiff: Monica Wanjiru Mbaru; Plaintiff: Wayfarers Limited; Plaintiff: Festus Njuki; Plaintiff: Grace Wambui Ndung’u; Plaintiff: Racheal Wanjiru Macharia; Plaintiff: Teresia Wangumo Mwaura; Plaintiff: Stephen Oyugi Okero; Defendant: Edward Kanjabi; Defendant: Samuel B. Mbugua t/a Membley Housing Scheme
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
10 March 2011
Case Number
Environment & Land Case 240 of 2009
Procedural Posture
Chamber Application / Ruling on Contempt Application
Outcome
application dismissed with costs
Legal Topics
Contempt of Court, Injunctive Orders, Specific Performance, Status Quo Orders
Source Language
English
Civil Procedure Land and Property Contempt of Court Injunctive Orders Specific Performance Status Quo Orders

Case Brief

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Parties

Daniel Karuru Mwaura

Plaintiff

Rose Lilian Nyambura

Plaintiff

Perry Wanjiku Mbugua

Plaintiff

Patrick Muchiru Githuka

Plaintiff

Edwin Njoroge Kihoro

Plaintiff

Wangari Githii

Plaintiff

Monica Wanjiru Mbaru

Plaintiff

Wayfarers Limited

Plaintiff

Festus Njuki

Plaintiff

Grace Wambui Ndung’u

Plaintiff

Racheal Wanjiru Macharia

Plaintiff

Teresia Wangumo Mwaura

Plaintiff

Stephen Oyugi Okero

Plaintiff

Edward Kanjabi

Defendant

Samuel B. Mbugua t/a Membley Housing Scheme

Defendant

Procedural Posture

Chamber Application / Ruling on Contempt Application

Legal Issues

  1. 1 Whether the Defendants were properly served with the court order requiring maintenance of status quo.
  2. 2 Whether the terms of the court order were clear and unambiguous to warrant punishment for contempt.
  3. 3 Whether the Defendants disobeyed the court order by destroying the fence and structure on the suit property.

Ratio Decidendi

The court found that while the Defendants were served with the order requiring maintenance of status quo, the order itself was not clear and unambiguous as to what was required of the Defendants. The Plaintiffs were required to rely on the plaint and supporting affidavits to interpret the order, which did not provide sufficient clarity for contempt proceedings. Furthermore, the Plaintiffs failed to prove to the requisite standard that the Defendants were responsible for the destruction of the fence and structure, as there was no direct evidence or affidavit from the alleged eyewitness. Consequently, the application for contempt was dismissed.

Court Disposition

application dismissed with costs

Orders

  • The Plaintiffs' application dated 15th October 2010 is dismissed with costs to the Defendants.