[2014] KEHC 1156 (KLR)

[2014] KEHC 1156 (KLR)

The court found that the respondents had willfully disobeyed its orders by remaining in the suit premises despite being directed to vacate. The applicant had taken steps to enforce the order, including reporting to the police and having the respondents charged, but the respondents persisted in their contemptuous...

Source-derived case information.

Citation
[2014] KEHC 1156 (KLR)
Parties
Plaintiff: Geoffrey Tenai; Defendant: Salome Njoki; Defendant: Papias Karinga
Court
High Court
Court Station
High Court at Mombasa
Jurisdiction
Kenya
Case Number
Environment & Land Case 18 of 2014
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Outcome
application allowed
Judges
SN Mukunya
Legal Topics
Contempt of Court, Enforcement of Court Orders, Possession of Land
Source Language
en
Civil Procedure Land and Property Contempt of Court Enforcement of Court Orders Possession of Land

Source-derived case record

Summary, issues, holding and outcome

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Parties

Geoffrey Tenai

Plaintiff

Salome Njoki

Defendant

Papias Karinga

Defendant

Procedural Posture

Miscellaneous Application / Ruling on Contempt Application

Legal Issues

  1. 1 Whether the respondents disobeyed court orders by remaining in the suit premises.
  2. 2 Whether the respondents should be committed to civil jail for contempt of court.

Ratio Decidendi

The court found that the respondents had willfully disobeyed its orders by remaining in the suit premises despite being directed to vacate. The applicant had taken steps to enforce the order, including reporting to the police and having the respondents charged, but the respondents persisted in their contemptuous conduct. The court determined that such disregard for its authority warranted the granting of the application to commit the respondents to civil jail as prayed.

Court Disposition

application allowed

Orders

  • The application is allowed in terms of prayer no. 3 as prayed, committing the respondents to civil jail for contempt of court.