[2017] KEHC 2857 (KLR)

[2017] KEHC 2857 (KLR)

The court, upon reviewing the application and supporting documents, found that there was sufficient basis on the balance of probabilities to summon the respondents to appear and show cause why action should not be taken against them for alleged disobedience of court orders. The court emphasized the need for due...

Source-derived case information.

Citation
[2017] KEHC 2857 (KLR)
Parties
Plaintiff: Joseph Mukonye Gibendi; Defendant: Vincent Njore Mukonye; Defendant: Aswan Adagara Mukonye
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Case Number
Environment & Land Case 84 of 2016
Procedural Posture
Environment and Land Case / Ruling on Application for Summons for Contempt
Outcome
Application for summons granted. Respondents to be summoned to appear and show cause.
Judges
SN Mukunya
Legal Topics
Contempt of Court, Enforcement of Court Orders, Summons to Show Cause
Source Language
en
Land and Property Contempt of Court Enforcement of Court Orders Summons to Show Cause

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Party arguments 2
Sign in to unlock

Parties

Joseph Mukonye Gibendi

Plaintiff

Vincent Njore Mukonye

Defendant

Aswan Adagara Mukonye

Defendant

Procedural Posture

Environment and Land Case / Ruling on Application for Summons for Contempt

Legal Issues

  1. 1 Whether the respondents have disobeyed court orders relating to the suit land.
  2. 2 Whether the respondents should be summoned to show cause why action should not be taken against them for contempt.

Ratio Decidendi

The court, upon reviewing the application and supporting documents, found that there was sufficient basis on the balance of probabilities to summon the respondents to appear and show cause why action should not be taken against them for alleged disobedience of court orders. The court emphasized the need for due process and the respondents' right to be heard before any punitive action is taken.

Court Disposition

Application for summons granted. Respondents to be summoned to appear and show cause.

Orders

  • The respondents are to be summoned by the Deputy Registrar to appear in court within 30 days to show cause why action should not be taken against them for disobeying court orders.