[2014] KEELC 567 (KLR)
The court found that the defendant was duly served with the injunction order dated 18/6/2013 but willfully disobeyed it by entering the suit land, subdividing it, and causing damage to the applicant's property. The defendant's failure to respond to the application or attend court further demonstrated disregard for...
Source-derived case information.
- Citation
- [2014] KEELC 567 (KLR)
- Parties
- Plaintiff: Elizabeth Waruguru; Defendant: Moses Kanyingi
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 109 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt Application
- Outcome
- application allowed; defendant found in contempt and sentenced to imprisonment
- Judges
- A Ombwayo
- Legal Topics
- Matrimonial Property, Injunctions, Contempt of Court, Eviction, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elizabeth Waruguru
Plaintiff
Moses Kanyingi
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendant disobeyed the court order of injunction granted on 18/6/2013.
- 2 Whether the defendant should be punished for contempt of court for disobeying the injunction order.
- 3 Whether the applicant is entitled to protection from eviction and compensation for damages.
Ratio Decidendi
The court found that the defendant was duly served with the injunction order dated 18/6/2013 but willfully disobeyed it by entering the suit land, subdividing it, and causing damage to the applicant's property. The defendant's failure to respond to the application or attend court further demonstrated disregard for the authority of the court. The court held that such conduct amounted to contempt of court, warranting penal sanctions to uphold the rule of law and the integrity of court orders. Consequently, the defendant was sentenced to six months' imprisonment for contempt, and a warrant of arrest was issued forthwith.
Court Disposition
application allowed; defendant found in contempt and sentenced to imprisonment
Orders
- The defendant is sentenced to imprisonment for a term of six months for contempt of court.
- A warrant of arrest is issued forthwith against the defendant.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
ENVIRONMENT AND LAND COURT
E.L.C. NO.109 OF 2013
ELIZABETH WARUGURU.............................................. PLAINTIFF
VERSUS
MOSES KANYINGI.....................................................DEFENDANT
R U L I N G
The applicant is the wife of the defendant who is alleged to be in the process of disposing the suit land and the applicant fears to be evicted anytime. The land is matrimonial home where the applicant and her family reside. She prays in the application dated 12/5/2014 that this court be pleased to order the defendant/respondent property to be attached and/or the defendant/respondent be detained in prison for a term not exceeding six months for disobeying a court order.
The application is based on the grounds that the defendant has blatantly disobeyed the orders of injunction granted on 18/6/2013 by proceeding to subdivide the land & destroying applicants property and that the applicant who has been using the land may be evicted at anytime.
In the supporting affidavit the applicant states that the defendant is her husband and they reside on the suit land. They have established their matrimonial home on the suit land and have developed the same extensively. She also has various crops such as Maize, beans, bananas, nappier grass, fruit trees on the land which she cultivates and has contributed extensively both in acquisition and development of the suit land. The defendant had threatened to sell the land evict her and that is why she obtained orders of injunction before this court on 18/6/2013 when both herself and the respondent were in court.
However, in complete disregard for the orders of the Honourable Court of 18/6/2013, the respondent on 1/5/2014 entered the land accompanied by some people he was leading & purported to subdivide the land, whereby he caused damage to her properties and uprooted her crops in the pretext of erecting beacons on the land. She urges this Honourable Court to take appropriate action against the respondent for acting with impunity. She prays for compensation for the damage/injury sustained.
The application though served was not opposed by way of replying affidavit or grounds of opposition. Moreover, the defendant/respondent failed to attend court on the hearing of the same.
This court is satisfied that the defendant was served but has decided to disobey the court order with impunity. He is hereby sentenced to imprisonment for a term of six months. Warrant of arrest is hereby issued forthwith.
Dated, signed and delivered on 9th day of June 2014.
A. OMBWAYO
JUDGE