[2012] KEHC 686 (KLR)
The court found that the plaintiff had completely disregarded previous court orders regarding possession of the suit premises. Emphasizing the importance of adherence to the rule of law and the necessity for court orders to be obeyed, the court held that the defendants were entitled to the assistance sought. The...
Source-derived case information.
- Citation
- [2012] KEHC 686 (KLR)
- Parties
- Plaintiff: Florence Chelangat Langat; Defendant: Timoi Farms and Estates Limited; Defendant: Isaya Kiptonui Kimeywo
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case 231 of 2012
- Procedural Posture
- Civil Case / Ruling on Interlocutory Application
- Outcome
- application allowed
- Judges
- MJA Emukule
- Legal Topics
- Enforcement of Court Orders, Contempt of Court, Possession of Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Florence Chelangat Langat
Plaintiff
Timoi Farms and Estates Limited
Defendant
Isaya Kiptonui Kimeywo
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the defendants are entitled to police assistance to re-enter the suit premises in compliance with previous court orders.
- 2 Whether the plaintiff's disregard of court orders justifies granting the application.
Ratio Decidendi
The court found that the plaintiff had completely disregarded previous court orders regarding possession of the suit premises. Emphasizing the importance of adherence to the rule of law and the necessity for court orders to be obeyed, the court held that the defendants were entitled to the assistance sought. The application for police assistance to re-enter the premises was allowed in terms of the specific prayer sought, and costs were awarded to the applicants. The decision was grounded on the plaintiff's persistent non-compliance and the broader principle that court orders must be respected to maintain order and the integrity of the judicial process.
Court Disposition
application allowed
Orders
- The OCS Olenguruone Police Station is directed to provide security and assist the defendants/applicants to re-enter the suit premises in compliance with the court orders of 19th July 2012 and 31st July 2012.
- The applicants are awarded the costs of the application.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Nakuru
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FLORENCE CHELANGAT LANGAT.............................................................PLAINTIFF
VERSUS
TIMOI FARMS AND ESTATES LIMITED...........................................1ST DEFENDANT
ISAYA KIPTONUI KIMEYWO............................................................2ND DEFENDANT
RULING
This Ruling relates to an application dated 28th August 2012 which seeks an order directing the OCS Olenguruone Police Station to provide security and assist the Defendants/Applicants re-enter the suit premises in compliance with the order of court made on 19th July 2012 and 31st July 2012.
It is a mark of all civilised societies that adhere to the Rule of Law (not the rule of men or women) that orders of court are obeyed unless they are varied or discharged. The Plaintiff has disregarded all orders of court and has employed every subterfuge to disobey them. That is evidence of disorder, in a society that believes and relies on the rule of law and is not acceptable among people and societies aspiring to industrialisation and better economic lives.
For those reasons and the reasons given in the Rulings aforesaid, and on account of the Plaintiff's/Respondents complete disregard of the orders of court, the Applicant's application dated 28th August, 2012 is allowed in terms of prayer 2(b) thereof.
The Applicants will also have the costs of the application.
There shall be orders accordingly.
Dated, signed and delivered at Nakuru this 2nd day of November, 2012
M.J. ANYARA EMUKULE
JUDGE