[2013] KEHC 4780 (KLR)
The court found that the applicant had established a prima facie case warranting the grant of leave to commence contempt proceedings against the respondent for alleged disobedience of court orders dated 23.1.2013 and 12.2.2013. The respondent's denial and assertion that construction was on his own land rather than...
Source-derived case information.
- Citation
- [2013] KEHC 4780 (KLR)
- Parties
- Plaintiff: James Kaburu; Respondent: Macarius K. Ikiara
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 21 of 2013
- Procedural Posture
- Environmental and Land Case / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- Applicant's prayers 2, 3, 4, and 5 granted; respondent ordered to attend court to show cause.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Interlocutory Applications, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Kaburu
Plaintiff
Macarius K. Ikiara
Respondent
Procedural Posture
Environmental and Land Case / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the respondent disobeyed court orders issued on 23.1.2013 and 12.2.2013.
- 2 Whether the applicant should be granted leave to commence contempt of court proceedings against the respondent.
Ratio Decidendi
The court found that the applicant had established a prima facie case warranting the grant of leave to commence contempt proceedings against the respondent for alleged disobedience of court orders dated 23.1.2013 and 12.2.2013. The respondent's denial and assertion that construction was on his own land rather than the disputed parcel (LR. No. Nkuene/Taita/2593) was deemed a matter to be determined at the show cause hearing. The court emphasized that the respondent must be given an opportunity to present his case and show cause why he should not be committed for contempt. Accordingly, the court granted the applicant's prayers for leave and ancillary orders, and directed the respondent to...
Court Disposition
Applicant's prayers 2, 3, 4, and 5 granted; respondent ordered to attend court to show cause.
Orders
- Leave granted to the plaintiff/applicant to commence contempt of court proceedings against the respondent for alleged disobedience of court orders dated 23.1.2013 and 12.2.2013.
- Respondent, Macarius K. Ikiara, ordered to attend court and show cause why he should not be committed to jail for contempt on 8th May, 2013 at 10:00 a.m.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
High Court at Meru
Environmental & Land Case 21 of 2013 [if gte mso 9]><xml>
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JAMES KABURU.........................................................................................PLAINTIFF
VERSUS
MACARIUS K. IKIARA...........................................................................RESPONDENT
RULING
The matter was heard interpartes on 26. 2.2013. I have heard submissions by both advocates: For the applicant and for the respondent. Both the applicant and the respondent are in Court.
This is an application which has been certified urgent. The main prayer under item 2 of the Notice of Motion dated 18th February, 2012 seeks that this honourable Court “be pleased to grant the plaintiff/applicant leave to commence contempt of Court proceedings against the defendant Macarius K. Ikiara for his disobedience of Court Orders issued on 23. 1.2013 and 12. 2.2013. ” Prayers 3, 4, and 5 are ancillary to prayer 2.
The respondent has denied disobedience of a Court Order and has claimed that what he has put up by way of construction is on his suitland and not on LR. No. Nkuene/Taita/2593. It is my view that he should be given a chance to argue his case when he is showing cause why he should not be committed to a jail term not exceeding 6 months for disobedience of this Court's Orders dated 23. 1.2013 and on 12. 2.2013. If he is constructing on land other than LR. No. Nkuene/Taita/2593, then he will not be in contempt of court.
In the circumstances, I grant the applicant's prayers 2, 3, 4 and 5. Costs will be in the cause.
The respondent, Macarius K. Ikiara, who is in Court, is ordered to attend this Court and show cause why he should not be committed to a jail term for disobedience of the orders of this Court on 8th May, 2013 at 10. 00 a.m.
Written and delivered in Open court this 26th day of February, 2013.
P. M. NJOROGE
JUDGE
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