[2024] KEHC 7904 (KLR)

Source-derived case information.

Citation: [2024] KEHC 7904 (KLR)
Parties: Plaintiff: David Oscar Okwako; Defendant: Chemelil Sugar Co Ltd & Others
Court: High Court
Court Station: High Court at Kisumu
Jurisdiction: Kenya
Case Number: Civil Suit 38 of 2009
Procedural Posture: Civil Suit / Ruling on Compliance and Contempt Issues
Outcome: Plaintiff granted further time to comply; directions issued for payment of fines, fees, and service of application.
Judges: MS Shariff
Legal Topics: Contempt of Court, Adjournment Fees, Compliance With Court Orders
Source Language: en

Civil Procedure Contempt of Court Adjournment Fees Compliance With Court Orders

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Summary, issues, holding and outcome

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Parties

David Oscar Okwako

Plaintiff

Chemelil Sugar Co Ltd & Others

Defendant

Procedural Posture

Civil Suit / Ruling on Compliance and Contempt Issues

Legal Issues

1 Whether the Plaintiff should be granted additional time to comply with previous court directions.
2 Whether the Plaintiff is in contempt of court for failing to appear and comply with court orders.
3 Whether the Plaintiff's notice of motion dated 26.9.2024 should be dismissed for non-compliance.

Ratio Decidendi

The court acknowledged the Plaintiff's history of contempt and non-compliance, including failure to pay a previously imposed fine and to appear in person. However, considering the explanation provided by Plaintiff's counsel regarding his absence and limited instructions, the court exercised its discretion to grant a further mention date. The court emphasized the need for the Plaintiff to purge his contempt by paying the outstanding fine and ordered payment of an adjournment fee and Defendants' costs. The Plaintiff was also directed to serve his pending application on the Defendants' counsel. The court balanced the need for compliance and respect for its authority with the opportunity for...

Court Disposition

Plaintiff granted further time to comply; directions issued for payment of fines, fees, and service of application.

Orders

Plaintiff to pay Kshs.200,000 fine for contempt as ordered on 12th October, 2023.
Plaintiff to pay court adjournment fee of Kshs.6,000 before the next mention date.

Full Case Text

Judgment text and source record

23 paragraphs

Okwako v Chemelil Sugar Co Ltd & others (Civil Suit 38 of 2009) [2024] KEHC 7904 (KLR) (3 July 2024) (Ruling)

Neutral citation: [2024] KEHC 7904 (KLR)

Republic of Kenya

In the High Court at Kisumu

Civil Suit 38 of 2009

MS Shariff, J

July 3, 2024

Between

David Oscar Okwako

Plaintiff

and

Chemelil Sugar Co Ltd & Others

Defendant

Ruling

1. Whereas this matter was listed for mention by parties on 30. 4.2024 for purposes of confirming compliance with the directions made then, Mr. Kuria for the Applicant now seeks 3 weeks to comply and to put his house in order.

2. This position has met resistance by Counsel for the 1st and 3rd Defendants who have moved that the Plaintiff’s notice of motion dated 26. 9.2024 be dismissed and the Plaintiff be found in contempt of court yet again for his failure to present himself in court physically today.

3. It is common knowledge that the Plaintiff has treated this court and Counsels for the Defendants with utmost disrespect and that this court had at one time found him guilty of contempt of court. The Plaintiff is yet to pay the fine of Kshs.200,000 that he was condemned to pay in addition to the custodial term of 1 month.

4. Given the submission made by Mr. Kuria that Mr. Omondi had limited instructions to just hold his brief and that Mr. Kuria had been outside the country, I will indulge him and give him another mention date.

5. The Plaintiff’s advocates are directed to prevail upon the Plaintiff to purge his contempt by making payment of the fine of Kshs.200,000 ordered on 12th October, 2023.

6. The Plaintiff is condemned to pay court adjournment fee of Kshs.6,000 before the next mention date and the costs of the Defendants.

7. In the interim the Plaintiff is directed yet again to serve his application dated 26. 4.2024 upon the 1st and 3rd Defendants’ Counsel in the course of the day.

8. Mention on 24. 9.2024 to confirm compliance and take further directions.

DATED, DELIVERED AND SIGNED THIS 3RDDAY OF JULY, 2024. M. S. SHARIFFJUDGE

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