[2019] KEELC 4382 (KLR)
The court found that the respondent was duly served with the court order dated 26th September 2018 and had knowledge of its contents. Despite this, the respondent continued to occupy and farm the suit land in direct contravention of the order, and admitted as much in open court. The court held that the respondent's...
Source-derived case information.
- Citation
- [2019] KEELC 4382 (KLR)
- Parties
- Applicant: James Jalango Oware; Respondent: Isaac Ohare
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 1 of 2015
- Procedural Posture
- Contempt Application / Ruling on Contempt Application
- Outcome
- Application allowed in part; enforcement order granted; no order as to costs.
- Judges
- NA Matheka
- Legal Topics
- Contempt of Court, Injunctive Orders, Enforcement of Judgments, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Jalango Oware
Applicant
Isaac Ohare
Respondent
Procedural Posture
Contempt Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the respondent was served with the court order dated 26th September 2018.
- 2 Whether the respondent disobeyed the court order and is in contempt of court.
- 3 Whether the applicant is entitled to the orders sought for enforcement and committal.
Ratio Decidendi
The court found that the respondent was duly served with the court order dated 26th September 2018 and had knowledge of its contents. Despite this, the respondent continued to occupy and farm the suit land in direct contravention of the order, and admitted as much in open court. The court held that the respondent's actions amounted to contempt of court. The application for enforcement was merited, and the court granted the operative order sought by the applicant, specifically authorizing the OCS, Luanda police station, to execute the orders. No order was made as to costs.
Court Disposition
Application allowed in part; enforcement order granted; no order as to costs.
Orders
- The OCS, Luanda police station, is authorized to execute the court orders against the respondent.
- No order as to costs.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KAKAMEGA
ELC CASE NO. 1 OF 2015
JAMES JALANGO OWARE......................................APPLICANT
VERSUS
ISAAC OHARE...........................................................RESPONDENT
RULING
The application is dated 17th October 2018 and is brought under order 40 rule 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act seeking the following orders:-
1. That the respondent herein Isaac Ohare be arrested and committed to civil jail for a period not exceeding six months for contempt of court, having been duly served and disobeyed this court orders made on 26th day of September, 2018.
2. That the OCS, Luanda police station to execute the orders herein.
3. That the costs to the applicant.
It is based on the grounds that the respondent was duly served with the orders made on the 26th day of September, 2018 by this honourable court. That the said respondent has disobeyed the said court orders by continuing with his illegal farming activities in the suit parcel of land despite service of the court orders. That the respondent has turned more violent and has threatened to continue with his illegal farming activities dismissing the court orders as from ‘a kangaroo court’. That the respondent has treated this court with utter disrespect and with impunity by blatantly refusing to comply with its orders as made and served. The respondent admits he has not left the land though he did not file any papers in opposition.
This court has considered the application and the submissions therein. The applicant indeed obtained judgement to permanently restrain the respondent form trespassing. This application has merit and I grant prayer 2 with no orders as to costs.
Orders accordingly.
DELIVERED, DATED AND SIGNED AT KAKAMEGA IN OPEN COURT THIS 26TH DAY OF FEBRUARY 2019.
N.A. MATHEKA
JUDGE