[2023] KEHC 20998 (KLR)
The court held that before considering an application for contempt, it must be fully satisfied that the party alleged to be in contempt was properly served with the relevant court orders and has failed or neglected to comply. Since the defendants had not been properly served with the orders of April 24, 2023, the...
Source-derived case information.
- Citation
- [2023] KEHC 20998 (KLR)
- Parties
- Plaintiff: Elijah Njore Njoroge; Defendant: Baron Capital Limited; Defendant: Lazarus Kinyumu Mativo t/a Spectrum Auctioneers
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E136 of 2023
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Applications and Contempt Motion
- Outcome
- All pending applications struck out; liberty to apply granted.
- Judges
- JWW Mong'are
- Legal Topics
- Contempt of Court, Service of Court Orders, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elijah Njore Njoroge
Plaintiff
Baron Capital Limited
Defendant
Lazarus Kinyumu Mativo t/a Spectrum Auctioneers
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Applications and Contempt Motion
Legal Issues
- 1 Whether the defendants were properly served with the court orders issued on April 24, 2023.
- 2 Whether the court can entertain an application for contempt before confirming proper service of the relevant orders.
- 3 Whether the defendants' applications can be considered before compliance with the court's earlier orders.
Ratio Decidendi
The court held that before considering an application for contempt, it must be fully satisfied that the party alleged to be in contempt was properly served with the relevant court orders and has failed or neglected to comply. Since the defendants had not been properly served with the orders of April 24, 2023, the court declined to consider the plaintiff's contempt application. Similarly, the court refused to consider the defendants' applications filed on 8/5/2023 and 11/5/2023 until the defendants complied with the earlier orders. Consequently, all three applications were struck out, with liberty to either party to move the court appropriately once the necessary procedural steps had been...
Court Disposition
All pending applications struck out; liberty to apply granted.
Orders
- The plaintiff's application for contempt is struck out.
- The defendants' applications dated 8/5/2023 and 11/5/2023 are struck out.
Full Case Text
Judgment text and source record
29 paragraphs
Njoroge v Baron Capital Limited & another (Civil Suit E136 of 2023) [2023] KEHC 20998 (KLR) (Commercial and Tax) (31 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20998 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Commercial and Tax
Civil Suit E136 of 2023
JWW Mong'are, J
July 31, 2023
Between
Elijah Njore Njoroge
Plaintiff
and
Baron Capital Limited
1st Defendant
Lazarus Kinyumu Mativo t/a Spectrum Auctioneers
2nd Defendant
Ruling
1. By a Ruling issued by this court on April 24, 2023, this court made the following orders; 1. That the Application herein has merit and is hereby allowed.
2. That the 1st and 2nd respondents are hereby ordered and directed with immediate effect to release the two motor vehicles KDK 100Y Toyota Landcruiser and KDK 220Y Lexus to the applicant.
3. That costs of this application be borne by the 1st respondent.
2. Subsequently two sets of applications were filed on 8/5/2023 and 11/5/2023 by the defendant and on 17/5/2023 by the plaintiff seeking various orders.
3. On May 25, 2023 and during the highlighting of the submissions of the application the defendants argued that they were yet to be served with the orders of the court for which the plaintiff was seeking to have them held in contempt of the court orders for failure to comply with the said orders.
4. The court then directed the plaintiff to immediately and effectively serve the Defendants with the said order and reserved the rulings on the said application for delivery on 31/7/2023.
5. I have considered the directions issued by the court on the said date. Before the court considers an application for contempt whose outcome has penal sanctions, if proved, the court has to be fully satisfied that indeed the defendant was properly served and having been so served has failed and/or neglected to comply with the said orders.
6. In the premises therefore the court will not consider the application filed by the plaintiff for contempt of court until such a time that it is proved that the defendants, being seized with court orders have failed and/or refused to comply with the said orders and is indeed in contempt of court.
7. In light of the fact that the Defendants were not properly seized with the court orders issued by the court on April 24, 2023, the court will also not consider the two applications filed by the defendants on 8/5/2023 and 11/5/2023 until it the said defendants have complied with the orders of April 24, 2023.
8. In the premises therefore, the said three applications are hereby struck out. Either party is at liberty to move the court appropriately.
9. Costs shall be in the cause. It is so ordered.
DATED, SIGNED AND DELIVERED VIRTUALLY AT NAIROBI THIS 31ST DAY OF JULY 2023………………………………..J. W. W. MONG’AREJUDGEIn the Presence of:-Mr. Chris Mutuku for the Plaintiff.Mr. Juma Ouko for the 1s Defendant.Mr. Juma Ouko holding brief for Mr. Mwaniki for the 2nd Defendant.Sylvia- Court Assistant.