[2009] KEHC 2774 (KLR)
The court found that the defendants were aware of the injunction order issued on 9th October 2008, as it was made in the presence of their counsel and served upon them with a penal notice. Despite this, the plaintiff was denied access to the suit property on multiple occasions by the defendants. The court was...
Source-derived case information.
- Citation
- [2009] KEHC 2774 (KLR)
- Parties
- Plaintiff: David Anunda; Defendant: John Karu; Defendant: Margaret Owino; Defendant: Eunice Mima
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Election Petition 210 of 2008
- Procedural Posture
- Election Petition / Ruling on Contempt Application
- Outcome
- Application granted. Leave to institute contempt of court proceedings against the defendants is granted.
- Judges
- JL Osiemo
- Legal Topics
- Contempt of Court, Injunctions, Enforcement of Court Orders, Quiet Possession, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Anunda
Plaintiff
John Karu
Defendant
Margaret Owino
Defendant
Eunice Mima
Defendant
Procedural Posture
Election Petition / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendants disobeyed a court order restraining them from interfering with the plaintiff's possession of the suit property.
- 2 Whether the plaintiff is entitled to leave to institute contempt of court proceedings against the defendants.
Ratio Decidendi
The court found that the defendants were aware of the injunction order issued on 9th October 2008, as it was made in the presence of their counsel and served upon them with a penal notice. Despite this, the plaintiff was denied access to the suit property on multiple occasions by the defendants. The court was satisfied that the defendants' conduct amounted to willful disobedience of a court order. Consequently, the court exercised its discretion in favour of the applicant and granted leave to institute contempt of court proceedings against the defendants.
Court Disposition
Application granted. Leave to institute contempt of court proceedings against the defendants is granted.
Orders
- Leave is granted to the plaintiff to institute contempt of court proceedings against John Karu, Margaret Owino, and Eunice Mima.
- Costs of this application to the plaintiff.
Full Case Text
Judgment text and source record
23 paragraphs
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
R U L I N G
This is an application brought by the Plaintiff by way of Notice of Motion dated 6th 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 9th October 2008 this court issued orders of injunction 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 6th 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 the court’s order and hence this application.
Having considered the application in light of the affidavit evidence on record and submissions by Counsel I am persuaded to exercise my discretion in favour of the Applicant.
Accordingly I grant orders as prayed.
Dated and delivered at Nairobi this 10th day of May 2009.
J. L. A OSIEMO
JUDGE