[2014] KEELC 468 (KLR)
The court found that the defendant was duly served with the order of injunction and that the evidence presented, including the affidavit of service and the plaintiff's account of events, demonstrated clear and willful disobedience of the court order. The defendant's failure to respond or appear further supported the...
Source-derived case information.
- Citation
- [2014] KEELC 468 (KLR)
- Parties
- Plaintiff: Paul Kipchumba Serem; Defendant: William Chepkwony
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Eldoret
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 550 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Contempt Application
- Outcome
- application allowed
- Legal Topics
- Injunction Disobedience, Contempt of Court, Land Occupation Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Kipchumba Serem
Plaintiff
William Chepkwony
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Contempt Application
Legal Issues
- 1 Whether the defendant disobeyed the court order of injunction issued on 7 January 2014.
- 2 Whether the defendant should be punished for contempt of court for disobeying the injunction order.
Ratio Decidendi
The court found that the defendant was duly served with the order of injunction and that the evidence presented, including the affidavit of service and the plaintiff's account of events, demonstrated clear and willful disobedience of the court order. The defendant's failure to respond or appear further supported the conclusion that he had no justification for his actions. The court held that such disobedience undermines the authority of the court and must be met with appropriate sanctions to uphold the rule of law and the integrity of judicial orders.
Court Disposition
application allowed
Orders
- The OCS Moiben Police Station is ordered to arrest the defendant and present him before the court for punishment for contempt of court.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT ELDORET
E&L 550 Of 2013
PAUL KIPCHUMBA SEREM....................................PLAINTIFF
VS
WILLIAM CHEPKWONY.......................................DEFENDANT
(Application to have defendant punished for disobeying an order of injunction; facts showing clear disobedience; application unopposed; application allowed; warrant of arrest to issue)
RULING
This is an application dated 23 January 2014 brought pursuant to the provisions of Order 40 Rule 3 of the Civil Procedure Rules and Section 29 of the Environment and Court Act, 2011. The plaintiff wants the defendant compelled to attend court and show cause why he should not be committed to civil jail and/or his property attached for the reason that he has disobeyed the orders of injunction issued on 7 January 2014.
The plaintiff filed this suit on 18 December 2013. His case is that he bought 10 acres of land in 1997 out of the land parcel LR No. 8304 from one Philip Kogo. He averred that he lived peacefully on the land till 2013 when the defendant started disturbing his quiet occupation. It was also stated that the defendant had gone ahead and ploughed the land. Simultaneously with the plaint, the plaintiff filed an application for injunction. Interim orders against the defendant were granted on 19 December 2013 and the matter was fixed for inter-partes hearing on 6 January 2014. The defendant was duly served but did not respond to the application. Neither has he entered appearance to date. The application for injunction was heard on 6 January 2014 and ruling delivered on 7 January 2014. The ruling allowed the application for injunction and barred the defendant from interfering with the suit land until the final determination of the suit.
In this application, the plaintiff has deponed that despite being served with the order on 9 January 2014, the defendant has disobeyed it. It is averred that on 11 January 2014, while the plaintiff was ploughing the land, the defendant came with a knife and rungu and told the driver who is the plaintiff's son, to stop ploughing. It is stated that on 18 January 2014, the defendant ploughed the land. It is further stated that the defendant informed the plaintiff that he is just wasting time in court.
I have seen the affidavit of service of the process server and it shows that the defendant was duly served with the order of injunction. It is clear that the defendant has disobeyed it. I now order the OCS Moiben Police Station to proceed and arrest the defendant and present him before this court after which I will proceed to mete out the appropriate punishment in his presence.
It is so ordered.
DATED AND DELIVERED AT ELDORET THIS 27TH DAY OF FEBRUARY 2014
JUSTICE MUNYAO SILA
ENVIRONMENT AND LAND COURT AT ELDORET.
Delivered in the presence of:
Mr. Kiboi for the applicant