[2009] KEHC 3093 (KLR)
The court found that the defendants were personally served with the court orders restraining them from interfering with the suit land. Despite this, they continued to trespass, cultivate, and otherwise deal with the land in violation of the orders. The evidence included the plaintiff's affidavit and a corroborating...
Source-derived case information.
- Citation
- [2009] KEHC 3093 (KLR)
- Parties
- Applicant: Musa Angira Angira; Respondent: Silfanus Ngoje Ochieng; Respondent: Abich Ngoje
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Case 161 of 2008
- Procedural Posture
- Civil Case / Ruling on Contempt Application
- Outcome
- Defendants found guilty of contempt of court; arrest ordered.
- Legal Topics
- Contempt of Court, Injunctive Orders, Enforcement of Court Orders, Trespass to Land
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Angira Angira
Applicant
Silfanus Ngoje Ochieng
Respondent
Abich Ngoje
Respondent
Procedural Posture
Civil Case / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendants disobeyed lawful court orders restraining them from interfering with the suit land.
- 2 Whether the defendants are in contempt of court and liable to be punished.
Ratio Decidendi
The court found that the defendants were personally served with the court orders restraining them from interfering with the suit land. Despite this, they continued to trespass, cultivate, and otherwise deal with the land in violation of the orders. The evidence included the plaintiff's affidavit and a corroborating letter from the area Chief. The defendants failed to attend court or respond to the application, and their continued disobedience of the court's orders constituted contempt. The court therefore found the defendants guilty of contempt of court and directed their arrest to show cause why they should not be punished.
Court Disposition
Defendants found guilty of contempt of court; arrest ordered.
Orders
- The Officer Commanding Migori Police Station is directed to arrest the defendants and deliver them to court to show cause why they should not be punished for contempt.
- The plaintiff's advocate shall extract and serve these orders upon the police officer for compliance.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
OF KISII
Civil Case 161 of 2008
MUSA ANGIRA ANGIRA………..............……………PLAINTIFF/APPLICANT
VERSUS
SILFANUS NGOJE OCHIENG
ABICH NGOJE………………………...DEFENDANTS / RESPONDENTS
RULING
This is an application by the Plaintiff seeking to cite and punish the defendants for disobeying lawful court orders issued by this court on 10th March, 2009. The orders restrained the defendants by themselves, agents and/or servants from trespassing, cultivating, planting, digging trenches, buildings, cutting trees or in any other manner whatsoever dealing with the suit land known as L.R No. SUNA WEST/WASWETA II/216 pending the hearing and determination of this suit. The said orders were extracted and served upon the defendants on 15th March, 2009. An affidavit of service to the effect is on record.
The plaintiff deposed in his affidavit in support of the application that notwithstanding personal service of the said orders the defendants have continued to cultivate plant, cut down trees and even dig trenches on the suit land.
The defendants were served with the plaintiff’s application for hearing on 19th May, 2009 but they neither attended court nor filed any response to the said application.
Apart from the plaintiff’s affidavit, there is also evidence that the area Chief visited the suit land on 30th March, 2009 and witnessed the continued trespass on the suit land by the defendants. He wrote a letter to that effect.
From the foregoing, I find the defendants guilty of contempt of court. I hereby direct the Officer Commanding Migori Police Station to cause the defendants to be arrested and delivered to this court with all due dispatch so as to show cause why they should not be punished accordingly. The plaintiff’s advocate shall ensure that these orders are extracted and served upon the said police officer for his compliance. This matter will be mentioned on 23rd June, 2009 unless the defendants shall have been arrested and arraigned in court earlier than the aforesaid date.
DATED at Kisii this 15th day of June, 2009
D.MUSINGA.
JUDGE.
16/6/2009
Before D. Musinga J
Mobisa – C c
Mr. Oguttu for the plaintiff
No appearance for the defendants
COURT: ruling delivered in open court on 16th June, 2009.
D.MUSINGA.
JUDGE.