[2023] KEELC 18855 (KLR)

[2023] KEELC 18855 (KLR)

The court found that the contemnor had admitted to receiving rent from the tenant in direct contravention of the court order dated October 8, 2019, which required all rent to be paid to the plaintiff. The court held that such conduct amounted to contempt of court. To purge the contempt, the contemnor was directed to...

Source-derived case information.

Citation
[2023] KEELC 18855 (KLR)
Parties
Plaintiff: Kenya African National Union; Defendant: Emmanuel Ziro Lughanje; Defendant: Francis Chengo Ngowa; Defendant: James Chembe; Defendant: Andrew Mattaza; Defendant: Jeremiah Mangaro; Defendant: Jimmy Kabwere Wanje; Defendant: Riziki Baya Thoya
Court
Environment and Land Court
Court Station
Environment and Land Court at Malindi
Jurisdiction
Kenya
Case Number
Environment & Land Case 102 of 2018
Procedural Posture
Environment and Land Case / Ruling on Contempt of Court Orders Regarding Payment of Rent
Outcome
Application for contempt allowed. Orders issued to compel payment of rent to plaintiff and bar further collection by contemnor, with threat of committal for non-compliance.
Judges
EK Makori
Legal Topics
Contempt of Court, Interlocutory Orders, Rent Disputes, Enforcement of Court Orders
Source Language
en
Civil Procedure Land and Property Contempt of Court Interlocutory Orders Rent Disputes Enforcement of Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kenya African National Union

Plaintiff

Emmanuel Ziro Lughanje

Defendant

Francis Chengo Ngowa

Defendant

James Chembe

Defendant

Andrew Mattaza

Defendant

Jeremiah Mangaro

Defendant

Jimmy Kabwere Wanje

Defendant

Riziki Baya Thoya

Defendant

Procedural Posture

Environment and Land Case / Ruling on Contempt of Court Orders Regarding Payment of Rent

Legal Issues

  1. 1 Whether the contemnor disobeyed the court order requiring rent to be paid to the plaintiff.
  2. 2 Whether the contemnor should be compelled to pay the rent received to the plaintiff and be barred from further collection pending determination of the suit.
  3. 3 Whether failure to comply warrants committal to civil jail for contempt.

Ratio Decidendi

The court found that the contemnor had admitted to receiving rent from the tenant in direct contravention of the court order dated October 8, 2019, which required all rent to be paid to the plaintiff. The court held that such conduct amounted to contempt of court. To purge the contempt, the contemnor was directed to pay all rent received since the date of the order to the plaintiff within 14 days and was barred from collecting further rent until the matter is determined. The court further ordered that failure to comply would result in the contemnor being summoned to show cause why he should not be committed to civil jail for six months for disobeying lawful court orders.

Court Disposition

Application for contempt allowed. Orders issued to compel payment of rent to plaintiff and bar further collection by contemnor, with threat of committal for non-compliance.

Orders

  • The contemnor shall pay all rent received from the tenant since October 8, 2019, and deposit the same in the Plaintiff’s Malindi Branch Office within 14 days.
  • The contemnor is barred from receiving any further rent from the suit premises until the matter is heard and determined.