[2012] KEHC 3679 (KLR)
The court found that the 2nd Defendant was properly served with a court order restraining him from trespassing, constructing, or dealing in any way with the subject land parcel. The 2nd Defendant admitted to having read and understood the order but failed to comply. The court held that willful disobedience of a...
Source-derived case information.
- Citation
- [2012] KEHC 3679 (KLR)
- Parties
- Plaintiff: Esther Ngelel; Defendant: Daniel Kibet Ngelel; Defendant: Philip Kiplimo Ngelel; Defendant: Joseph Kipruto Ngelel
- Court
- High Court
- Court Station
- High Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 6 of 2012
- Procedural Posture
- Civil Suit / Ruling on Contempt and Sentencing
- Outcome
- 2nd Defendant found in contempt and sentenced.
- Legal Topics
- Contempt of Court, Injunctions, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Esther Ngelel
Plaintiff
Daniel Kibet Ngelel
Defendant
Philip Kiplimo Ngelel
Defendant
Joseph Kipruto Ngelel
Defendant
Procedural Posture
Civil Suit / Ruling on Contempt and Sentencing
Legal Issues
- 1 Whether the 2nd Defendant was served with and understood the court order restraining dealings with the subject land parcel.
- 2 Whether the 2nd Defendant willfully disobeyed the court order and is therefore in contempt of court.
Ratio Decidendi
The court found that the 2nd Defendant was properly served with a court order restraining him from trespassing, constructing, or dealing in any way with the subject land parcel. The 2nd Defendant admitted to having read and understood the order but failed to comply. The court held that willful disobedience of a court order constitutes contempt, and that such contempt must be punished to uphold the authority of the court. Accordingly, the 2nd Defendant was found in contempt and sentenced to pay a fine of Kshs 50,000 or, in default, to serve two months in civil jail.
Court Disposition
2nd Defendant found in contempt and sentenced.
Orders
- 2nd Defendant to pay a fine of Kshs 50,000 or in default be committed to civil jail for two months at Eldoret G.K Prison.
- Costs of the incarceration of the 2nd Defendant to be borne by the Applicant.
Full Case Text
Judgment text and source record
31 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT ELDORET
CIVIL SUIT 6 OF 2012
ESTHER NGELEL.........................................................................................................PLAINTIFF
VERSUS
DANIEL KIBET NGELEL..................................................................................1ST DEFENDANT
PHILIP KIPLIMO NGELEL..............................................................................2ND DEFENDANT
JOSEPH KIPRUTO NGELEL.........................................................................3RD DEFENDANT
RULING:
The brief facts of the case are that on the 2nd of April, 2012 the Applicant obtained the orders as set out hereunder against all the Respondents;
1. This application be and is hereby certified as urgent and its service be and is hereby dispensed with in the first instance.
2. The Defendant/Respondent by themselves, the agents and/or servants and/or workers and/or any other person claiming and/or acting on their behalf be and are hereby restrained by means of an order of temporary injunction from trespassing and/or constructing and/or dealing in any way on the subject land parcel number NANDI/NDALAT SETTLEMENT/188 pending the interparties hearing and final determination of this application.
3. The Defendant/Respondent by themselves, the agents and/or servants and/or w orders and/or any other person claiming and/or acting on their behalf be and are hereby restrained by means of an order of injunction from trespassing and/or constructing and/or dealing in any way on the subject land parcel number NANDI/NDALAT SETTLEMENT/188 pending the interparties hearing and final of the main suit.
4. Costs be in the cause.
The said Order was served upon the 2nd Defendant by the court process-server, and the 2nd Defendant confirmed under cross-examination that he as indeed served with the said Order which had a penal clause.
The 2nd Defendant stated in evidence that he read and understood the Order but did not comply with the same.
From the evidence adduced, I am satisfied that the 2nd Defendant is in contempt of the Court Orders. Court Orders must be obeyed and when contempt of court has been proved the offender must be punished.
The ruling for today is for the sentencing of the 2nd Defendant and it is hereby ordered;
1. That the 2nd Defendant do pay a fine of Kshs 50,000/= in default, the 2nd Defendant be arrested and committed to civil jail for a period of two months at Eldoret G.K Prison.
2. The costs of the incarceration of the 2nd Defendant to be borne by the Applicant.
3. The costs of this application to be borne by the 2nd Respondent.
Dated and delivered at Eldoret this 22nd day of June 2012.
A.MSHILA
JUDGE
Coram: Before Hon A.Mshila J
CC: Andrew
Counsel for the Applicant Kiboi for Applicant
2nd Defendant in person.
A.MSHILA
JUDGE