[2006] KEHC 1511 (KLR)
The court found that the respondent was in contempt of court by retaining the applicant's motor vehicle despite clear and unambiguous orders from the subordinate court requiring its unconditional release. The respondent's claim for storage charges was deemed an unjustified attempt to avoid compliance, especially...
Source-derived case information.
- Citation
- [2006] KEHC 1511 (KLR)
- Parties
- Applicant: Ezekiel Mwenja Ngure; Respondent: John Ngunjiri t/a Tango Auctioneers
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 216 of 2006
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt Application
- Outcome
- application allowed
- Judges
- LK Kimaru
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Auctioneer Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ezekiel Mwenja Ngure
Applicant
John Ngunjiri t/a Tango Auctioneers
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondent is in contempt of court for failing to release the applicant's motor vehicle as ordered by the subordinate court.
- 2 Whether the respondent's claim for storage charges justifies continued retention of the vehicle.
Ratio Decidendi
The court found that the respondent was in contempt of court by retaining the applicant's motor vehicle despite clear and unambiguous orders from the subordinate court requiring its unconditional release. The respondent's claim for storage charges was deemed an unjustified attempt to avoid compliance, especially since the applicant had already paid the auctioneer's charges as directed. The court held that there was no valid reason for the continued retention of the vehicle and ordered its immediate release, with costs awarded to the applicant.
Court Disposition
application allowed
Orders
- The respondent shall release forthwith motor vehicle registration number KSE 144 to the applicant in compliance with the subordinate court orders issued on 16th December 2004 and 12th April 2006.
- The applicant is awarded costs of the application assessed at Ksh. 15,000, payable by the respondent within seven days or execution to issue in default.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
Misc Civ Appli 216 of 2006
EZEKIEL MWENJA NGURE……….........................………………….APPLICANT
VERSUS
JOHN NGUNJIRI t/a TANGO AUCTIONEERS……………………..RESPONDENT
RULING
The applicant herein, Ezekiel Mwenja Ngure has filed an application under Section 5(1) of the Judicature Act and Section 3A of the Civil Procedure Act seeking the orders of this court to compel the respondent, John Ngunjiri t/a Tango Auctioneers to release his motor vehicle registration number KSE 144 Isuzu lorry as ordered by the subordinate court in Nakuru CMCC NO.1664 of 1992, Timex Insurance Agency vs Ezekiel Mwenja Ngure. The application is supported by the annexed affidavit of the applicant and the grounds stated on the face of the application. The respondent has filed a replying affidavit opposing the application. Prior to the applicant filing the current application, he sought and was granted leave by this court to institute contempt of court proceedings against the respondent.
At the hearing of the application, I heard rival submissions that were made by Mr. Mwenja, who was acting in person, and Mr Githui learned counsel for the respondent. The issue for determination by this court is whether the applicant has established a case to enable this court grant him the prayers sought in his application. The applicant complains that several orders had been issued by the subordinate court requiring the respondent to release him the vehicle which the respondent had attached pursuant to a warrant of attachment. I have perused the subordinate court’s file and note that the dispute between the applicant and the respondent is on the issue of who is to pay the storage charges of the said motor vehicle which according to the respondent remains in his custody for a period of one and half years.
I have carefully read the said proceedings of the subordinate court and noted that the initial order for the release of the said motor vehicle to the applicant was made on the 16th of December, 2004. The applicant paid the auctioneers charges of Ksh.51,000/=. Having considered the submissions made before me, it is clear that the respondent retained the said motor vehicle for a period of one and half years unlawfully after being ordered by the subordinate court to
release the same to the applicant. The applicant has therefore made a case that the respondent disobeyed the orders of the subordinate court in failing to release the said motor vehicle to him as ordered by the said court.
In the circumstances of this case therefore, I hereby hold that the applicant has made out a case that the respondent is in contempt of the orders of the court by his continued retention of the said motor vehicle in spite of the orders that exist on record that the said motor vehicle should be released unconditionally to the applicant. The issue of the storage charges, in my opinion, is a creation of the respondent in a futile attempt to avoid complying with the orders of the subordinate court which has been in existence since the 16th of December, 2004. The respondent was paid his charges by the applicant. There is no valid reason therefore for him continue retaining the said motor vehicle.
I therefore order the respondent to release forthwith motor vehicle registration number KSE 144 to the applicant in compliance with the orders of the subordinate court issued on the 16th of December, 2004 and the 12th of April, 2006. The applicant shall have the costs of this application which I assess at Ksh. 15,000/=. The said amount shall be paid to the applicant by the respondent within seven days of today’s date or in default execution to issue.
It is ordered.
DATED at NAKURU this 14th day of July, 2006
L. KIMARU
JUDGE