[2013] KEHC 5013 (KLR)
The court found that the applicant himself failed to perform acts required by the court order, specifically failing to execute a release form for Ksh.462,500 and failing to pay and clear land rents and rates for the years 2001, 2002, and 2003. These failures made it impossible for the respondent to comply with the...
Source-derived case information.
- Citation
- [2013] KEHC 5013 (KLR)
- Parties
- Appellant: John W Karimi; Respondent: The Board of Governors Buruburu Secondary School
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 690 of 2000
- Procedural Posture
- Civil Appeal / Ruling on Application for Leave to Commence Contempt Proceedings
- Outcome
- application dismissed with costs
- Judges
- DA Onyancha
- Legal Topics
- Contempt of Court, Enforcement of Court Orders, Transfer of Land, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
John W Karimi
Appellant
The Board of Governors Buruburu Secondary School
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Commence Contempt Proceedings
Legal Issues
- 1 Whether the respondent willfully disobeyed court orders regarding transfer of property and clearance of rates and rents.
- 2 Whether the applicant's own failure to comply with court-ordered obligations precluded enforcement against the respondent.
Ratio Decidendi
The court found that the applicant himself failed to perform acts required by the court order, specifically failing to execute a release form for Ksh.462,500 and failing to pay and clear land rents and rates for the years 2001, 2002, and 2003. These failures made it impossible for the respondent to comply with the court's orders regarding the transfer of the property. Consequently, the respondent could not be adjudged to have deliberately refused to comply with the court orders. The application for leave to commence contempt proceedings was therefore without merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for leave to file and prosecute contempt proceedings is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
High Court at Nairobi (Nairobi Law Courts)
Civil Appeal 690 of 2000
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JOHN W KARIMI. .................................... APPLICANT/APPELLANT
VERSUS
THE BOARD OF GOVERNERS
BURUBURU SECONDARY SCHOOL.................................. RESPONDENT
R U L I N G
The application before the court is dated 2nd March, 2012. It is made by the Appellant and seeks for leave to file and prosecute contempt proceedings against the Respondent on the grounds that the Respondent failed to obey a court order under which it was ordered: -
a)to execute a transfer of L.R. No. 209/12116/17 in favour of the Applicant/Appellant and release related documents to him.
b)to do everything possible including clearing the property of rates and rents before the years 2001, including the years 1995 to 2000.
The application which usually is ex parte, had been served and was opposed by the Respondent who argued that they have never refused to obey and that it was the Applicant/Appellant who made it impossible for them to comply.
I have carefully perused the material upon which the application is based. I find that the applicant himself, failed to do such acts as were ordered by the court to be done by him to enable the court orders to be complied with by Respondent. First, the applicant failed to execute a release form to enable the sum of Ksh.462,500/- to be availed to the Respondent, the same being part of the purchase price or related issue. Secondly, the Applicant had failed to pay and clear land rents and rates for the years 2001, 2002 and 2003 ordered by the court to clear the property for transfer.
In the above circumstances this court finds no reasons upon which the Respondent would be adjudged to have deliberately refused to comply with the court orders referred to herein. For that reason the court finds no merit in this application which it hereby dismissed with costs. Orders accordingly.
Dated and delivered at Nairobi this 7th day of March 2013.
.............................................
D A ONYANCHA
JUDGE