[2007] KEHC 1527 (KLR)
The court found itself unable to determine, on the affidavits before it, whether the Plaintiff had in fact disobeyed the eviction order. The court held that the truth of the allegations could not be ascertained without further investigation. Therefore, the court directed the Deputy Registrar to visit the suit...
Source-derived case information.
- Citation
- [2007] KEHC 1527 (KLR)
- Parties
- Respondent: Muthukia Wanguhi; Applicant: Charles Wanjau Gathungu
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Case 110 of 2000
- Procedural Posture
- Civil Case / Ruling on Chamber Summons for Contempt
- Outcome
- Interim orders; final orders deferred pending Deputy Registrar's report.
- Legal Topics
- Contempt of Court, Eviction Orders, Enforcement of Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Muthukia Wanguhi
Respondent
Charles Wanjau Gathungu
Applicant
Procedural Posture
Civil Case / Ruling on Chamber Summons for Contempt
Legal Issues
- 1 Whether the Plaintiff disobeyed the court order of eviction by re-entering the suit property.
- 2 Whether the Plaintiff should be committed to civil jail for contempt of court.
Ratio Decidendi
The court found itself unable to determine, on the affidavits before it, whether the Plaintiff had in fact disobeyed the eviction order. The court held that the truth of the allegations could not be ascertained without further investigation. Therefore, the court directed the Deputy Registrar to visit the suit property and file a report to establish whether the Plaintiff had re-entered the property in violation of the court order. Only after receiving this report would the court make a final determination on the application for committal for contempt.
Court Disposition
Interim orders; final orders deferred pending Deputy Registrar's report.
Orders
- The Deputy Registrar is to visit the suit property to ascertain compliance with the court order.
- The Deputy Registrar will communicate with both parties regarding the visit date.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NYERI
Civil Case 110 of 2000
MUTHUKIA WANGUHI………….…………..………RESPONDENT/PLAINTIFF
Versus
CHARLES WANJAU GATHUNGU…………..….…APPLICANT/DEFENDANT
RULING
The Defendant has filed a Chamber Summons dated 20th June 2007 seeking the Plaintiff’s committal to civil jail for contempt of the court order. In support of the application the Defendant stated that an order was made for the eviction of the Plaintiff by this court on the 4th May 2007. Following that order the Plaintiff was evicted on 15th May 2007. On the 23rd May 2007 the Plaintiff in contempt of the Court order re entered the suit property being parcel No. NYERI/ISLAND FARMS/85. The Defendant concluded by saying that the Plaintiff should be committed to civil jail for that contempt. The Plaintiff opposed the application and in that opposition filed a replying affidavit. The Plaintiff deponed that upon the court issuing eviction order he has not done anything to contravene that order. He denied that he has put up any structures on the suit property. He deponed that the Defendant merely wanted to punish him by committing him into civil jail. Having considered the Defendant’s affidavit in support of the application and the Plaintiff’s affidavit in opposition, I find that the court is unable to grant the orders sought since the court finds it difficult to ascertain where the truth lies. The court, however, is of the view that if indeed the Plaintiff is disobedient of the court orders that in itself is sufficient for the court to grant committal orders against him. Accordingly the court will require that the Deputy Registrar of this court to visit the suit property in order for him to ascertain whether the Plaintiff has disobeyed the court orders. The Deputy Registrar will therefore communicate with both parties with respect to the day that he shall visit the suit property. It is only after the Deputy Registrar has filed in this court his report that this court will give the final orders of the Chamber Summons dated 20th June 2007. Orders accordingly.
Dated and delivered at Nyeri this 5th day of October 2007.
MARY KASANGO
JUDGE