[2006] KEHC 177 (KLR)
The court held that since the matter is already before the court and another judge is seized of the substantive hearing, no party should take unilateral action regarding the disputed land. The court found that such actions would amount to contempt of court and an abuse of process. To preserve the subject matter and...
Source-derived case information.
- Citation
- [2006] KEHC 177 (KLR)
- Parties
- Plaintiff: Ngarari M’Thani; Defendant: Edita Wambugu; Defendant: Wamai Njenga; Defendant: Mwaniki Nyaga; Defendant: Patrick Mugo Nyaga; Defendant: Ruth S.K. Nyaga
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Case 22 of 2001
- Procedural Posture
- Civil Case / Interlocutory Application Ruling
- Outcome
- application allowed
- Legal Topics
- Interim Injunctions, Contempt of Court, Abuse of Process, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ngarari M’Thani
Plaintiff
Edita Wambugu
Defendant
Wamai Njenga
Defendant
Mwaniki Nyaga
Defendant
Patrick Mugo Nyaga
Defendant
Ruth S.K. Nyaga
Defendant
Procedural Posture
Civil Case / Interlocutory Application Ruling
Legal Issues
- 1 Whether interim orders should be maintained pending the hearing and determination of the suit.
- 2 Whether any party has taken the law into their own hands regarding the disputed land.
- 3 Whether the actions complained of amount to contempt of court or abuse of process.
Ratio Decidendi
The court held that since the matter is already before the court and another judge is seized of the substantive hearing, no party should take unilateral action regarding the disputed land. The court found that such actions would amount to contempt of court and an abuse of process. To preserve the subject matter and maintain the status quo pending the final determination of the suit, the court allowed the application and granted the interim orders as prayed, with costs in the cause.
Court Disposition
application allowed
Orders
- Interim orders as prayed are granted pending the finalization of the trial.
- Costs shall be in the cause.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT EMBU Civil Case 22 of 2001
NGARARI M’THANI……………………...........……..…………………….PLAINTIFF
VERSUS
EDITA WAMBUGU………...………………………...……………1ST DEFENDANT
WAMAI NJENGA………….……….……………...…...…………2ND DEFENDANT
MWANIKI NYAGA……………….……………………....……….3RD DEFENDANT
PATRICK MUGO NYAGA………………………….….......……..4TH DEFENDANT
RUTH S.K. NYAGA………………….…………………..........…. 5TH DEFENDANT
RULING
This suit is part heard by Hon. Justice I. Lenaola who is no longer in this station.
However he has undertaken to finalize the hearing when he visits this court soon to finalize his other part-heard matters.
In the interim the applicant approached this court for orders under certificate of urgency and an interim orders were granted on 18/1/2006.
The inter-parties was heard and parties argued their cases. The applicant pleads that they have good chances of success and fraud is pleaded and if the constructions continues or is completed it is detrimental to the applicants interests. The Respondent opposes the application on the ground that the land in dispute was sold by deceased’s father and this is not disclosed by the Applicant.
My view is that no party is entitled to take law into their own hands. The parties are already in court and an issue of that nature should be argued in court at the trial.
In my view it is contempt of court and an abuse of court process to decide for any party to take decisions on issues which they have placed in the hands of the court to decide.
Another Judge is still seized of this matter. In the interim pending his finalization of the trial I allow the application and grant orders as prayed. Costs shall be in the cause.
Dated this 11th May 2006.
J.K. KHAMINWA
JUDGE