[2011] KEHC 4218 (KLR)
The court found that the parties had reached a consent to resolve both the application for certiorari and the contempt proceedings. The Interested Party agreed to allow the applicant to return to the suit land and to restore the applicant's household goods, thereby purging the contempt. The court accepted the...
Source-derived case information.
- Citation
- [2011] KEHC 4218 (KLR)
- Parties
- Applicant: Nelson Langat; Respondent: Olenguruone Land Disputes Tribunal; Respondent: The Resident Magistrate, Molo; Interested Party: Kiplangat Ole Seng Senget
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 10 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion and Contempt Application
- Outcome
- Notice of Motion for certiorari allowed by consent; contempt application disposed of by consent; costs to applicant.
- Legal Topics
- Judicial Review, Certiorari, Land Disputes Tribunal Awards, Contempt of Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nelson Langat
Applicant
Olenguruone Land Disputes Tribunal
Respondent
The Resident Magistrate, Molo
Respondent
Kiplangat Ole Seng Senget
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion and Contempt Application
Legal Issues
- 1 Whether the orders of the Olenguruone Land Disputes Tribunal and the Principal Magistrate at Molo should be quashed by certiorari.
- 2 Whether the Interested Party was in contempt of the stay order issued by the court.
- 3 What remedies are appropriate to address the contempt and the substantive application.
Ratio Decidendi
The court found that the parties had reached a consent to resolve both the application for certiorari and the contempt proceedings. The Interested Party agreed to allow the applicant to return to the suit land and to restore the applicant's household goods, thereby purging the contempt. The court accepted the consent as fair and just, and accordingly disposed of both the Notice of Motion for certiorari and the contempt application on the terms recorded by counsel. The orders of the Olenguruone Land Disputes Tribunal and the Principal Magistrate at Molo were quashed, and costs were awarded to the applicant against the Interested Party.
Court Disposition
Notice of Motion for certiorari allowed by consent; contempt application disposed of by consent; costs to applicant.
Orders
- The Interested Party shall allow the applicant to return to the suit land and restore the applicant's household goods.
- Upon compliance, the Interested Party is deemed to have purged his contempt and the contempt application is disposed of.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
MISCELLANEOUS APPLICATION NO. 10 OF 2010(JR)
IN THE MATTER OF THE LAND TRIBUNAL ACT (NO.18 OF 1990)
BETWEEN
NELSON LANGAT......................................................................................................APPLICANT
AND
OLENGURUONE LAND DISPUTES TRIBUNAL.............................................1ST DEFENDANT
THE RESIDENT MAGISTRATE, MOLO..........................................................2ND DEFENDANT
KIPLANGAT OLE SENGSENGET.............................................................INTERESTED PARTY
RULING
By a Notice of Motion dated 21/4/2010, the ex parte applicant, NELSON LANGAT, applied for an order of certiorari to remove into this Court for quashing the order dated 16/02/2010 made by the Principal Magistrate Court at Molo in case No.16 of 2009 and an award of the Olenguruone Land Disputes Tribunal dated 21/5/2009.
The leave granted by this Court to the ex parte applicant to file the Notice of Motion for the order of certiorari was to operate as a stay of proceedings relating to the order dated 16/2/2010 and the award of the Olenguruone Land Disputes Tribunal. Ostensibly, the Interested Party, Kiplangat Ole Seng Senget, did not obey the order for stay and as a result, the ex parte applicant brought the application by Notice of Motion dated 26/11/2010 seeking orders for the said Interested Party to be punished for Contempt of Court.
On 19/1/2011, Mr. W. R. Kiprono, Learned Counsel for the ex parte applicant, and Mr. P. K. Rugut, Learned Counsel for the Interested Party, recorded a consent in Court to the effect.
(i)that so as to purge his contempt, the Interested Party shall allow the ex parte applicant to return to the suit land and return the ex parte applicant’s household goods removed from the ex parte applicant’s house and once this happens the Interested Party shall be deemed to have purged his contempt and the application dated 26/11/2010 shall stand disposed of on these terms. There shall be liberty to either party to apply.
(ii)that the Notice of Motion dated 21/4/2010 be allowed and prayers 1 and 2 be granted and
(iii)costs of this suit be borne by the Interested Party.
I have perused the application and the consents relating to them as herein- above recorded. I am satisfied that they accord with what is fair.
Accordingly, I order that the said applications, that is to say the Motion dated 26/11/2010 and the Motion dated 21/4/2010 are disposed of in terms of the consents herein-above recorded by both Counsels.
DATEDat KERICHO this 25th Day of JANUARY, 2011
G B M KARIUKI, SC
RESIDENCE JUDGE
COUNSEL APPEARING
Mr. W.R. Kiprono, Advocate, for the Applicant
Mr. P.K. Rugut, Advocate, for the Interested Party
Mr. R. Koech, Court clerk