[2017] KEELC 398 (KLR)
The court determined that while contempt of court is a grave issue, it does not require immediate resolution to the detriment of the main suit. The primary objective is to ensure that the substantive dispute is heard and determined on its merits as soon as possible. The court therefore granted the plaintiff's...
Source-derived case information.
- Citation
- [2017] KEELC 398 (KLR)
- Parties
- Plaintiff: Jerusha Wangari Mwangi; Defendant: Beatrice M. Karanja; Defendant: Maina Karanja; Defendant: Nicholas Gitau Karanja
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 316 of 2012
- Procedural Posture
- Land and Property Suit / Interlocutory Directions on Contempt Application and Adjournment
- Outcome
- Adjournment granted; directions issued for expeditious hearing and determination of both the contempt application and the main suit.
- Judges
- DO Ohungo
- Legal Topics
- Contempt of Court, Adjournment Procedure, Case Management, Supplementary Affidavit, Written Submissions, Hearing Directions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jerusha Wangari Mwangi
Plaintiff
Beatrice M. Karanja
Defendant
Maina Karanja
Defendant
Nicholas Gitau Karanja
Defendant
Procedural Posture
Land and Property Suit / Interlocutory Directions on Contempt Application and Adjournment
Legal Issues
- 1 Whether the defendants should be cited for contempt of court as sought in the plaintiff's application.
- 2 Whether the suit should be fast tracked and heard on its merits without undue delay.
- 3 What directions should be given regarding the pending Notice of Motion dated 26th April 2017.
Ratio Decidendi
The court determined that while contempt of court is a grave issue, it does not require immediate resolution to the detriment of the main suit. The primary objective is to ensure that the substantive dispute is heard and determined on its merits as soon as possible. The court therefore granted the plaintiff's request for adjournment to allow for the filing of a supplementary affidavit and set a strict timetable for the exchange of affidavits and written submissions on the contempt application. The court emphasized the responsibility of both parties to assist in the expeditious disposal of the suit and scheduled a further hearing date, making it clear that the contempt application would be...
Court Disposition
Adjournment granted; directions issued for expeditious hearing and determination of both the contempt application and the main suit.
Orders
- The plaintiff is granted an adjournment.
- The plaintiff to file and serve supplementary affidavit in respect of the application within seven days from the date of the ruling.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAKURU
ELC CASE No. 316 OF 2012
JERUSHA WANGARI MWANGI……………………………………….…..PLAINTIFF
VERSUS
BEATRICE M. KARANJA …….....……….………………………….. 1ST DEFENDANT
MAINA KARANJA ………………………………………………….. 2ND DEFENDANT
NICHOLAS GITAU KARANJA ……………………………………. 3RD DEFENDANT
RULING
(Directions on an application seeking to cite defendants for contempt of court in a partly heard suit; court orders fast tracking of suit; application for contempt to be determined in due course)
On 20th July, 2017 this court decided to proceed with the hearing of the suit and that directions on Notice of Motion dated 26th April 2017 would be given as we proceed. The orders were made bearing in mind that the real solution to the dispute before the court is hearing and determination of the case. Whereas contempt of court is a serious issue that must be dealt with, it is not a time bound issue. Contempt is in the nature of a criminal matter, it can be raised and dealt with at any time, event after judgment.
I still hold the view that this suit should be heard and determined on the merits as soon as possible. To that extent, I will fast track it as much as possible. Parties are reminded that they have an obligation to assist the court to move towards conclusion of the hearing and ultimately, delivery of judgment. The plaintiff must take steps to conclude her case as soon as possible.
Considering the application for adjournment made by the plaintiff and the issues raised surrounding Notice of Motion dated 26th April 2017, I make the following orders:
1. The plaintiff is granted an adjournment.
2. The plaintiff to file and serve supplementary affidavit in respect of the application within seven (7) days from today.
3. The defendants to file and serve a response to the Notice of Motion within seven (7) days of service of the supplementary affidavit.
4. Plaintiff to file and serve written submissions in respect of the Notice of Motion within 14 (fourteen) days of service of defendants’ response or replying affidavit.
5. The defendants to file and serve written submissions in respect of the Notice of Motion within 14 (fourteen) days of service of plaintiff’s submissions.
6. I will give directions on delivery of the ruling in due cause.
7. Further hearing of the suit shall be on 16th January 2018. Parties are advised to bring all their witnesses as the hearing may proceed on the following days.
Dated, signed and delivered in open court at Nakuru this 6th day of December 2017.
D. O. OHUNGO
JUDGE
In the presence of:
Mr. Ikua for defendants
Mr. Gatonye for plaintiff
Court Assistant: Gichaba