[2012] KEHC 1143 (KLR)
The court found that the applicant had demonstrated sufficient grounds to be granted leave to commence contempt proceedings against the respondents. The affidavit evidence showed that the 1st respondent was served, and there was photographic evidence of ongoing construction on the suit property, which could amount...
Source-derived case information.
- Citation
- [2012] KEHC 1143 (KLR)
- Parties
- Plaintiff: Jackson Esitika (suing as the administrator of the estate of Dora Okisa Munyama); Defendant: Nereah Andenyi; Defendant: Perus Amimo; Defendant: Leonard Indiatsi; Defendant: Henry Otieno Abwao
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 161 of 2010
- Procedural Posture
- Civil Suit / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- Leave to commence contempt proceedings granted.
- Legal Topics
- Contempt of Court, Leave to Institute Proceedings, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jackson Esitika (suing as the administrator of the estate of Dora Okisa Munyama)
Plaintiff
Nereah Andenyi
Defendant
Perus Amimo
Defendant
Leonard Indiatsi
Defendant
Henry Otieno Abwao
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to commence contempt proceedings against the defendants.
- 2 Whether service upon the 1st respondent alone is sufficient for the present application.
Ratio Decidendi
The court found that the applicant had demonstrated sufficient grounds to be granted leave to commence contempt proceedings against the respondents. The affidavit evidence showed that the 1st respondent was served, and there was photographic evidence of ongoing construction on the suit property, which could amount to contempt of court. The court held that the threshold for granting leave had been met, and any further issues raised by the respondents would be addressed at the substantive hearing of the contempt application. The court therefore granted prayer (1) of the application, allowing the applicant to institute contempt proceedings, with costs in the cause.
Court Disposition
Leave to commence contempt proceedings granted.
Orders
- Leave is granted to the applicant to institute contempt proceedings against the respondents.
- Costs in the cause.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
High Court at Kisumu
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JACKSON ESITIKA suing as the administrator of the estate of
DORA OKISA MUNYAMA..................................................................PLAINTIFF
VERSUS
NEREAH ANDENYI..................................................................1ST DEFENDANT
PERUS AMIMO …..................................................................2ND DEFENDANT
LEONARD INDIATSI...............................................................3RD DEFENDANT
HENRY OTIENO ABWAO …..................................................4TH DEFENDANT
RULING
The Notice of Motion dated 4th June 2011 prays for leave to commence contempt proceedings against the defendants. Although the same is praying for other substantive prayers, the applicants counsel at the arguing of this application dwelt largely on the 1st prayers, for leave.
The affidavit of Jackson Esitika shows that the 1st respondent was served alone. There is also the attached photographs exhibiting some construction work going on in the suit property.
The defendant has opposed application vide the grounds of opposition dated 25th June 2012.
I have perused the said application as well as the grounds of opposition, I am inclined to grant the applicant prayer (1) thereof, that is leave to institute contempt proceedings against the respondent. The other issues raised by the respondent shall be determined at the time when the substantive application shall have been filed. Costs in the cause.
Dated, signed and delivered at Kisumu this 14th day of November 2012.
H.K. CHEMITEI JUDGE
In the presence of:
Ouko for Mwamu for the applicant
P. J. Otieno for Odeny for the defendant
HCK/aao