[2022] KEHC 451 (KLR)
The court found that the respondent was aware of the court order dated November 21, 2016, requiring her to account for the proceeds of sale of the specified estate properties. Despite being given additional time and opportunities to comply, the respondent failed to provide any evidence or satisfactory explanation...
Source-derived case information.
- Citation
- [2022] KEHC 451 (KLR)
- Parties
- Applicant: Rose Achola Ondoo; Respondent: Melania Achola Ondoo
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 610 of 2014
- Procedural Posture
- Succession Cause / Ruling on Application for Contempt and Accounting
- Outcome
- Respondent found in contempt of court for failure to comply with accounting order.
- Judges
- FA Ochieng
- Legal Topics
- Contempt of Court, Estate Administration, Accounting of Proceeds
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rose Achola Ondoo
Applicant
Melania Achola Ondoo
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Contempt and Accounting
Legal Issues
- 1 Whether the respondent complied with the court order to account for proceeds of sale of specified estate properties.
- 2 Whether the respondent is in contempt of court for failing to comply with the order dated November 21, 2016.
Ratio Decidendi
The court found that the respondent was aware of the court order dated November 21, 2016, requiring her to account for the proceeds of sale of the specified estate properties. Despite being given additional time and opportunities to comply, the respondent failed to provide any evidence or satisfactory explanation for her non-compliance. The explanations offered, including the death of her daughter and her own ill health, were not supported by evidence and did not constitute a lawful excuse for disobedience of a court order. The respondent's continued failure to comply amounted to contempt of court. Consequently, the court ordered the respondent to present herself for sentencing.
Court Disposition
Respondent found in contempt of court for failure to comply with accounting order.
Orders
- The respondent is ordered to present herself before the court on May 30, 2022, for purposes of sentencing.
Full Case Text
Judgment text and source record
34 paragraphs
Ondoo v Ondoo (Succession Cause 610 of 2014) [2022] KEHC 451 (KLR) (9 May 2022) (Ruling)
Neutral citation: [2022] KEHC 451 (KLR)
Republic of Kenya
In the High Court at Kisumu
Succession Cause 610 of 2014
FA Ochieng, J
May 9, 2022
IN THE MATTER OF THE ESTATE OF THE LATE FREDRICK ONDOO OLENDO (DECEASED)
Between
Rose Achola Ondoo
Applicant
and
Melania Achola Ondoo
Respondent
Ruling
IntroductionThe application dated November 26, 2019 seeks an order to compel Melenia Achola Ondoo to account for the proceeds of sale of Plot No. 736 – 266 Kayole, Nairobi; and Plot No. 279 – 5A Umoja Estate Phase II , Nairobi.
1. The Applicant, Rose Agola Ondoo, also asked the Court, in the Alternative, to order that the Respondent be committed to civil jail for 6 Months or to be fined Kshs 200,000/= for her wilful disobedience of the Court Order dated November 21, 2016.
2. On 21st November 2016 Majanja J. made an order in the following terms;“23. I direct the Melenia Achola Ondoo to account for the proceeds of sale of Plot No. 736 – 266 at Kayole Nairobi and Plot No. 279 – 5-A at Umoja Estate Phase II, Nairobi within thirty (30) days from the date hereof.”
3. On February 10, 2020 this Court directed the Respondent to comply with the orders which Majanja J. made on November 21, 2016 within 14 days from February 10, 2020 or within 14 days from the date of service of the order.
4. The Court further ordered the Respondent to personally attend Court on April 20, 2020, so as to enable the Court ascertain whether or not she had complied.
5. Finally, the Court ordered thus;“3. THAT in the event that there shall not have been compliance within the time stipulated herein, the Respondent shall be required to show cause why she should not forthwith be punished for contempt of court.”
6. Regrettably, the record of the proceedings herein, does not reveal any happenings in Court, on April 20, 2020. In all probability, the Court did not sit on the said date.
7. The Respondent filed an affidavit on April 26, 2021, in answer to the application.
8. In a nutshell, she said that she had not ascertained how much her daughter, Lilian Akoth Ondoo had paid to the Mount Kenya University, as fees. The said daughter passed away in November 2018.
9. Secondly, the Respondent said that she had not obtained information from the Co-operative Bank, Umoja Branch Nairobi, where her daughter had her account.
10. The Respondent attributed her failure to comply with the Court Orders to;a.The unfortunate death of her daughter; andb.her advanced age and her ill health.
11. She concluded her replying affidavit by asking for more time, in order to enable her ascertain how the proceeds were utilized.
12. In her submissions, the Respondent stated that the proceeds were;“…… expended in paying for the University fees for the late Lilian Ondoo who was a student at Mount Kenya University ………..”
13. Clearly, that statement which counsel made from the bar, is not at all supported by any evidence.
14. I find that the Respondent has not complied with the Order dated November 21, 2016.
15. She doubtlessly knew about the order, and she even asked the Court for more time to enable her provide accounts.
16. In the face of the continued failure to comply with the Orders of the Court, the Respondent is in contempt of the Court.
17. The Respondent is ordered to present herself before this Court on May 30, 2022, for purposes of sentencing.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 9TH DAY OF MAY 2022FRED A. OCHIENGJUDGE