[2007] KEHC 3519 (KLR)
The court found that the applicant failed to prove that the respondents had committed any acts in breach of the court order to maintain the status quo. The only evidence presented, a mutation form dated 23/11/2006, related to events prior to the relevant order and did not establish any violation. There was no proof...
Source-derived case information.
- Citation
- [2007] KEHC 3519 (KLR)
- Parties
- Plaintiff: Nyaga Muriuki; Defendant: Wariimi Gateri; Defendant: Njuki Gateri; Defendant: Njeru Gateri
- Court
- High Court
- Court Station
- High Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 115 of 2006
- Procedural Posture
- Civil Suit / Ruling on Application for Committal for Contempt
- Outcome
- application dismissed
- Legal Topics
- Contempt of Court, Injunctive Relief, Status Quo Orders, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Nyaga Muriuki
Plaintiff
Wariimi Gateri
Defendant
Njuki Gateri
Defendant
Njeru Gateri
Defendant
Procedural Posture
Civil Suit / Ruling on Application for Committal for Contempt
Legal Issues
- 1 Whether the respondents breached the court order to maintain the status quo regarding parcel No. Gaturi/Nembure/3737.
- 2 Whether the applicant proved acts of contempt by the respondents.
Ratio Decidendi
The court found that the applicant failed to prove that the respondents had committed any acts in breach of the court order to maintain the status quo. The only evidence presented, a mutation form dated 23/11/2006, related to events prior to the relevant order and did not establish any violation. There was no proof that the respondents had cut down coffee trees, dug terraces or trenches, or damaged crops after the order was made. As such, the court held that there was no contempt of court and dismissed the application for committal to civil jail.
Court Disposition
application dismissed
Orders
- The application dated 8/6/2007 is dismissed.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT EMBU
CIVIL SUIT 115 OF 2006
NYAGA MURIUKI……………………….…….PLAINTIFF
VERSUS
WARIIMI GATERI …………………… 1ST DEFENDANT
NJUKI GATERI………………….…….2ND DEFENDANT
NJERU GATERI……………………….3RD DEFENDANT
RULING
Application dated 8/6/2007 seeks to commit the Respondents to civil jail for failing to obey court order “that the status quo be maintained”
In respect of parcel No. Gaturi/Nembure/3737 the Applicant had sought restraining orders against the defendants that they be restrained from cutting down coffee trees digging terraces, trenches and damaging crops until suit is heard and determined. The applicant has not proved that these acts have been committed. He complains that the Respondent continues to subdivide the land and he has exhibited. Mutation form dated 23/11/2006. This form was completed in the year 2006 and was not part of the things mentioned in the application.
I find the Respondents have not committed any breach of order of “maintaining status quo”.
The application is dismissed.
Dated this 9th November, 2007.
J. N. KHAMINWA
JUDGE
9/11/2007
Khaminwa – Judge
Njue – Clerk
Nyaga Muriuki- Plaintiff present in person
Wairimu Gacheri – Defendant present in person
Read in open court.
J .N. KHAMINWA
JUDGE