[2016] KEHC 5794 (KLR)
The court found that since the applicants wished to withdraw the application for contempt, and the defendant was no longer disobeying the court orders, there was no merit in proceeding with the application. The court allowed the withdrawal but cautioned the defendant against future disobedience of court orders. The...
Source-derived case information.
- Citation
- [2016] KEHC 5794 (KLR)
- Parties
- Plaintiff: Mary Karauki; Plaintiff: Isaiah Thiaine Munyua; Defendant: David Munyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 21 of 2014
- Procedural Posture
- Environment and Land Case / Ruling on Interlocutory Application for Contempt
- Outcome
- application withdrawn
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Interlocutory Injunctions, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Karauki
Plaintiff
Isaiah Thiaine Munyua
Plaintiff
David Munyua
Defendant
Procedural Posture
Environment and Land Case / Ruling on Interlocutory Application for Contempt
Legal Issues
- 1 Whether the defendant disobeyed the court order of temporary injunction issued on 14th February, 2014.
- 2 Whether the application for contempt should be allowed or withdrawn.
Ratio Decidendi
The court found that since the applicants wished to withdraw the application for contempt, and the defendant was no longer disobeying the court orders, there was no merit in proceeding with the application. The court allowed the withdrawal but cautioned the defendant against future disobedience of court orders. The application was marked as withdrawn and no substantive orders on contempt were issued.
Court Disposition
application withdrawn
Orders
- The application dated 03/11/2014 is marked as withdrawn.
- The defendant is cautioned not to disobey court orders in the future.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
ENVIRONMENT AND LAND NO. 21 OF 2014
MARY KARAUKI...................................................PLAINTIFF
ISAIAH THIAINE MUNYUA...........................2ND PLAINTIFF
VERSUS
DAVID MUNYUA …...........................................DEFENDANT
R U L I N G
This application is dated 03/11/2014. It seeks orders:-
THATthe Honourable Court be pleased to certify this Application of utmost urgency and to hear it on priority basis and exparte and in the first instance.
THATThe Honourable Court be pleased to issue an order that the Defendant DAVID MUNYUA be detained in prison for a term not exceeding six months for disobeying Court orders of 14th February, 2014.
THATthe costs of this application be provided for.
The application is supported by the affidavit of MARY KARAUKI, the 1st Plaintiff and has the following.
THATthe Defendant has disobeyed the Court order of temporary injunction issued on 14th February, 2014.
THATthe Defendant has committed waste of the land subject of this suit and therefore this application warrants expeditious hearing to curb further wastage.
THATthe Defendant has been renting the land to strangers for cultivation.
THATCourt orders should not be issued in vain.
When the application came up in Court, Miss Mutinda for the applicants told the Court that it was the Plaintiffs wish to withdraw the application as the Defendant was no longer disobeying the Court Orders. The Court did not have an opportunity to hear the Defendant's side of the the story as neither the defendant, nor his Advocate were in Court.
Although the application is not opposed, I do not find it meritorious to allow the application. I, however, agree to have the application withdrawn. The Defendant is, However, cautioned not to disobey Court Orders, in future, if in this case he had done so.
The application dated 03/11/2014 is marked as withdrawn.
It is so ordered.
Delivered in open Court at Meru this 7th March, 2016 in the presence of:-
CC:
Daniel /Lilian
Miss Mutinda for the Applicant
P. M. NJOROGE
JUDGE