[2017] KEHC 1434 (KLR)
The court found that there was no evidence to demonstrate that the respondents had breached the court order issued on 8th May 2015. The letter written by the respondents merely questioned the appellant's authority to appoint agents on behalf of the 1st respondent and did not amount to contempt. The court held that...
Source-derived case information.
- Citation
- [2017] KEHC 1434 (KLR)
- Parties
- Appellant: Godfrey Kimani Mwangi; Respondent: Kanorero Wendani Co. Limited; Respondent: Kimani Kuria; Respondent: Andrew Gikuyu; Respondent: Anastacia Wanjiru
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 547 of 2011
- Procedural Posture
- Civil Appeal / Ruling on Contempt Application
- Outcome
- motion dismissed with costs to the respondents
- Legal Topics
- Contempt of Court, Interlocutory Orders, Injunctive Relief
- 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
Godfrey Kimani Mwangi
Appellant
Kanorero Wendani Co. Limited
Respondent
Kimani Kuria
Respondent
Andrew Gikuyu
Respondent
Anastacia Wanjiru
Respondent
Procedural Posture
Civil Appeal / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondents were in contempt of the court order issued on 8th May 2015.
- 2 Whether the respondents' letter to tenants advising them to disregard the court order constituted contempt.
- 3 Whether the appellant had authority to appoint agents on behalf of the 1st respondent.
Ratio Decidendi
The court found that there was no evidence to demonstrate that the respondents had breached the court order issued on 8th May 2015. The letter written by the respondents merely questioned the appellant's authority to appoint agents on behalf of the 1st respondent and did not amount to contempt. The court held that for contempt to be established, there must be clear evidence of deliberate disobedience of a court order, which was lacking in this case. Consequently, the motion for contempt was dismissed for lack of merit.
Court Disposition
motion dismissed with costs to the respondents
Orders
- The motion dated 27th June 2017 is dismissed.
- Costs of the application are awarded to the respondents.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. 547 OF 2011
GODFREY KIMANI MWANGI...........................................APPELLANT
-V E R S U S –
KANORERO WENDANI CO. LIMITED...................1ST RESPONDENT
KIMANI KURIA........................................................ 2ND RESPONDENT
ANDREW GIKUYU ..................................................3RD RESPONDENT
ANASTACIA WANJIRU ...........................................4TH RESPONDENT
RULING
1) Godfrey Kimani Mwangi, the appellant herein took out the motion dated 27,6,2017 in which he sought for the following orders:
a)THAT this application be and is hereby certified urgent.
b)THAT this honourable court be pleased to cite for contempt the following; Kanorero Wendani Ltd, Kimani Kuria, Andrew Gikuyu and Anastacia Wanjiru for contempt of court order dated 9th May 2-015 herein.
c)THAT this honourable court be pleased to punish for contempt the following; Kanorero Wendatni Ltd, Kimani Kuria, Andrew Gikuyu and Anstacia Wanjiru for contempt of court order dated 8th May 2015.
d) THAT the costs of this application be in the cause.
2) The motion is supported by the affidavit of the appellant. The respondents filed the affidavit of Andrew Macharia Gikuyu to oppose the motion. When the motion came up for interpates hearing, learned counsels appearing in this matter recorded a consent order to have the motion disposed of by written submissions.
3) I have considered the grounds stated on the face of the motion plus the facts deponed in the affidavits filed for and against the application. I have further taken into account the rival written submissions. The appellant has submitted that the respondents have blatantly disobeyed the court orders issued on 8th May 2015. It is averred that the aforesaid orders were served and the respondents have gone ahead to write to the tenants advising them to disregard the court orders. The respondents have urged this court to find the appellant’s motion to be vexatious, incompetent and malicious. It is also argued that the appellant is not a director of Kanorero Wendani Co. Ltd and cannot therefore purport to appoint agents on its behalf. It is also argued that the appellant has failed to prove that the respondents have evicted, harassed, intimidated or interfered with the suit premises known as L.R no. plot no. Nairobi/Block 36/329/VII, Kanorero Wendani House, Eastleigh Section 7. The respondents also pointed out that the letter complained of merely questioned the authority of the appellant to appoint an agent.
4) The order which is alleged to have been breached is the first order issued on 8th May 2015 in which the respondents were restrained from evicting, harassing, intimidating or interfering with the occupation of House no. C2 in respect of the suit premises. The main complaint is that the respondents are alleged to have written letters to tenants in respect of the suit premises advising them to disregard the court order issued on 8. 5.2015. The question which has to be determined is whether or not the respondent’s conduct amounted to contempt of the court orders issued on 8th May 2015. I have carefully interrogated the contents of the aforesaid letter and I am satisfied that the letter was written in response to the letter written by Kurauka & Co. Advocates on behalf of Kenstate Valuers Ltd which was appointed as the appellant’s agents for purposes of management and collection of rent. In the same letter, the power of the appellant to appoint agents on behalf of Kanorero Wendani Co. Ltd was questioned. With respect, I agree with the submission of the respondents that there is no iota of evidence given to show how the respondents breached this court’s orders.
5) The letter questioning the capacity of the appellant to make the appointment of agents on behalf of the 1st respondent cannot by itself amount to contempt on the part of the respondents.
6) In the end, I find no merit in the motion dated 27. 6.2017. The motion is ordered dismissed with costs to the respondents.
Dated, Signed and Delivered in open court this 8th day of December, 2017.
J. K. SERGON
JUDGE
In the presence of:
.................................................... for the Appellant
..................................................for the Respondent