[2016] KEELC 1271 (KLR)
The court found that the plaintiff had admitted to disobeying court orders by trespassing on the disputed parcels, thereby justifying a finding of contempt. As a result, the interim orders previously granted in favour of the plaintiff were vacated. The court balanced the equities by allowing the plaintiff access to...
Source-derived case information.
- Citation
- [2016] KEELC 1271 (KLR)
- Parties
- Plaintiff: Julius Kiambi M'Ikiara; Defendant: M'Ikiara Gaitirithia; Defendant: Loise Kiende Kiara; Defendant: Jane Nthanga; Defendant: Evangeline Kirigo Ikiara
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 24 of 2016
- Procedural Posture
- Civil Suit / Ruling on Contempt Application and Interim Orders
- Outcome
- Plaintiff found in contempt; interim orders vacated; access to one parcel allowed; further directions issued.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Status Quo Orders, Trespass, Interim Injunctions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Julius Kiambi M'Ikiara
Plaintiff
M'Ikiara Gaitirithia
Defendant
Loise Kiende Kiara
Defendant
Jane Nthanga
Defendant
Evangeline Kirigo Ikiara
Defendant
Procedural Posture
Civil Suit / Ruling on Contempt Application and Interim Orders
Legal Issues
- 1 Whether the plaintiff disobeyed court orders regarding the status quo on specified land parcels.
- 2 Whether interim orders in favour of the plaintiff should be vacated due to contempt.
- 3 What access, if any, the plaintiff should have to the disputed parcels pending determination of the suit.
Ratio Decidendi
The court found that the plaintiff had admitted to disobeying court orders by trespassing on the disputed parcels, thereby justifying a finding of contempt. As a result, the interim orders previously granted in favour of the plaintiff were vacated. The court balanced the equities by allowing the plaintiff access to parcel NKUENE/URUKU/1688, where his house is located, pending the hearing and determination of the suit. The court further ordered the plaintiff to refrain from trespassing on the other parcels and warned of further consequences for non-compliance. The orders were made to preserve the integrity of the court process and ensure compliance with previous directives regarding the...
Court Disposition
Plaintiff found in contempt; interim orders vacated; access to one parcel allowed; further directions issued.
Orders
- Interim orders granted in favour of the plaintiff on 20/04/2016 and extended thereafter are vacated forthwith.
- The plaintiff is ordered not to trespass on Land Parcel Nos. NKUENE/URUKU/1689, 1690 and 1691 until the suit is heard and determined.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND DIVISION
CIVIL SUIT NO 24 OF 2016
JULIUS KIAMBI M'IKIARA...............................................PLAINTIFF
VERSUS
M'IKIARA GAITIRITHIA.........................................1ST DEFENDANT
LOISE KIENDE KIARA.......................................2ND DEFENDANT
JANE NTHANGA..................................................3RD DEFENDANT
EVANGELINE KIRIGO IKIARA............................4TH DEFENDANT
R U L I N G
1. This Court when dealing with a Notice of Motion for contempt proceedings filed by the Defendants on 14/07/2016 ordered that Status Quo be maintained as per a Consent dated 20/07/2014. The Status Quo concerned Parcel Numbers 1688,1689,1690 and 1691. The Plaintiff is supposed to own Parcel No. 1690.
2. The Plaintiff has admitted that he has been trespassing on Land Parcel Nos. NKUENE/URUKU/ 1688, 1689 and 1691. I hereby find him guilty of disobeying Court Orders.
3. I have considered the mitigating factors proffered by Advocate Gichunge. Since the Plaintiff has admitted to Court that he has disobeyed Court Orders, I find it necessary to vacate the Interim Orders granted in his favour on 20/04/2016 and extended thereafter. The Orders are vacated forthwith.
4. The Plaintiff, as undertaken by Advocate Gichunge, is ORDERED not to tresspass on Land Parcel Nos. NKUENE/URUKU/1689, 1690 and 1691 until this suit is heard and determined.
5. As the Defendants have admitted that the Plaintiff has a house on Parcel No. NKUENE/URUKU/1688, I allow the plaintiff to have access to that parcel of land pending hearing and determination of the suit.
6. The Plaintiff is ordered to obey the orders issued by the Court today and should be disobey them, the Court will consider appropriate punishment.
7. The Plaintiff, the alleged Contemnor, is to personally be in Court on 07/11/2016 when this matter will come up for directions and when the orders issued by this Court today will be reviewed.
8. A copy of the scene visit report dated 04/08/2016 is to be availed to the parties at their cost.
9. Directions on 07/11/2016.
10. It is so ordered.
DELIVERED IN OPEN COURT AT MERU THIS 20TH DAY OF SEPTEMBER, 2016 IN THE PRESENCE OF:-
Gichunge for the Plaintiff
Muthomi for the Defendants
P.M. NJOROGE
JUDGE