[2001] KEHC 864 (KLR)
The court found that the applicants had demonstrated, through affidavit evidence and supporting documents, that the respondents were aware of the court order and had been served with it together with a penal notice. The respondents' subsequent actions, specifically the announcement of end year results treating the...
Source-derived case information.
- Citation
- [2001] KEHC 864 (KLR)
- Parties
- Plaintiff: Eliud Mathiu; Plaintiff: John Bosse; Plaintiff: Patrick Muiruri; Plaintiff: J. K. Muthondu; Defendant: George Gareth; Defendant: Peter Nyakiamo; Defendant: Ernest Saina; Defendant: Kirinya Mwendia; Defendant: Albert Mwenda; Defendant: Kenya Commercial Bank Ltd.; Defendant: Kencom House Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 120 of 2001
- Procedural Posture
- Civil Case / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- Application allowed. Leave granted to apply for committal for contempt. Costs in the cause.
- Judges
- T Mbaluto
- Legal Topics
- Contempt of Court, Committal Proceedings, Interlocutory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Mathiu
Plaintiff
John Bosse
Plaintiff
Patrick Muiruri
Plaintiff
J. K. Muthondu
Plaintiff
George Gareth
Defendant
Peter Nyakiamo
Defendant
Ernest Saina
Defendant
Kirinya Mwendia
Defendant
Albert Mwenda
Defendant
Kenya Commercial Bank Ltd.
Defendant
Kencom House Limited
Defendant
Procedural Posture
Civil Case / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the applicants are entitled to leave to apply for committal of the respondents for contempt of court.
- 2 Whether the respondents violated the court order by treating proceeds of the sale of Kencom House as paid and received.
Ratio Decidendi
The court found that the applicants had demonstrated, through affidavit evidence and supporting documents, that the respondents were aware of the court order and had been served with it together with a penal notice. The respondents' subsequent actions, specifically the announcement of end year results treating the proceeds of the sale of Kencom House as paid and received, constituted a prima facie violation of the court order. The court was satisfied that the threshold for granting leave to commence contempt proceedings had been met and accordingly allowed the application, granting the applicants leave to apply for committal of the respondents for contempt of court.
Court Disposition
Application allowed. Leave granted to apply for committal for contempt. Costs in the cause.
Orders
- Leave is granted to the applicants to apply for an order of committal to civil jail of the defendants/respondents for contempt of court as prayed.
- Costs of this application will be in the cause.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURTS
CIVIL CASE NO. 120 OF 2001.
ELIUD MATHIU ……………………………………… 1ST PLAINTIFF
JOHN BOSSE …………………………………………. 2ND PLAINTIFF
PATRICK MUIRURI ………………………………… 3RD PLAINTIFF
J. K. MUTHONDU …………………………………… 4TH PLAINTIFF
VERSUS
GEORGE GARETH ……………………………….…. 1ST DEFENDANT
PETER NYAKIAMO ………………………………… 2ND DEFENDANT
ERNEST SAINA ……………………………………… 3RD DEFENDANT
KIRINYA MWENDIA ………………………………. 4TH DEFENDANT
ALBERT MWENDA ………………………………… 5TH DEFENDANT
KENYA COMMERCIAL BANK LTD. ……………. 6TH DEFENDANT
KENCOM HOUSE LIMITED ……………………… 7TH DEFENDANT
RULING
This application has been brought under Section 5(1) of the Judicature Act, Order XXXIX Rule 2(3) and 4 of the Civil Procedure Rules, Rule 3 of the High Court (Practice and Procedure) Rules and Section 3A of the Civil Procedure Act for orders that this matter be certified urgent and be heard during the Vacation and further that the applicants who are the plaintiffs in this matter be granted leave to apply to this court for an order of committal to civil jail of GARETH GEORGE, PETER NYAKIAMO, ERNEST SAINA, KIRINYA MWENDIA and ALBERT MWENDA, the defendants/respondents for such period as this Honourable Court may deem fit and just for contempt of court in that the respondents being aware of the orders of this Honourable Court made on 31/1/2001 and having been served with the same together with a penal notice have jointly and severally violated the said court order by announcing the end year results of the sixth defendant in which the proceeds of the sale of Kencom House were treated as paid and received and reflected as exceptional income.
Because of the nature of the matter, I was satisfied that the matter was urgent and ought to be heard during the vacation and I proceeded accordingly.
Upon consideration of the evidence placed before me through the supporting affidavit sworn on 11. 4.2001 by Eliud Mathiu, the first plaintiff and the annextures thereto and also upon considering submissions by learned counsel for the applicants, I am satisfied that the applicants are entitled to the orders they seek.
Accordingly, the application is allowed and leave granted to the applicants to apply for an order of committal to civil jail of the defendants/respondents as prayed in the application. Costs of this application will be in the cause.
Dated at Nairobi this 17th day of April, 2001.
T. MBALUTO
JUDGE