[2019] KEELC 1919 (KLR)
The court found that the 2nd defendant, John Kagai, was served with the decree and orders of the court but failed to comply with them. The absence of any response or appearance by the 2nd defendant reinforced the applicants' case. The court held that the 2nd defendant was in contempt of the court's judgment and, as...
Source-derived case information.
- Citation
- [2019] KEELC 1919 (KLR)
- Parties
- Plaintiff: Peter K Gitahi; Plaintiff: Ndungu Mugoya; Defendant: Akuisi Farmers Co. Ltd; Defendant: John Kagai
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 288 of 2012
- Procedural Posture
- Contempt Application / Ruling
- Outcome
- Application for contempt allowed; warrant of arrest issued against the 2nd defendant.
- Legal Topics
- Contempt of Court, Enforcement of Judgments, Land Allocation Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Peter K Gitahi
Plaintiff
Ndungu Mugoya
Plaintiff
Akuisi Farmers Co. Ltd
Defendant
John Kagai
Defendant
Procedural Posture
Contempt Application / Ruling
Legal Issues
- 1 Whether the 2nd defendant is in contempt of court for disobeying the judgment and orders issued on 14 July 2016.
- 2 Whether a warrant of arrest should issue against the 2nd defendant for non-compliance with the court's orders.
Ratio Decidendi
The court found that the 2nd defendant, John Kagai, was served with the decree and orders of the court but failed to comply with them. The absence of any response or appearance by the 2nd defendant reinforced the applicants' case. The court held that the 2nd defendant was in contempt of the court's judgment and, as a result, issued a warrant of arrest for him to be brought before the court for sentencing. The court further ordered that the 2nd defendant bear the costs of the application.
Court Disposition
Application for contempt allowed; warrant of arrest issued against the 2nd defendant.
Orders
- A warrant of arrest is issued against John Kagai (2nd defendant) to be presented to court for sentencing.
- The 2nd defendant shall bear the costs of this application.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO 288 OF 2012
PETER K GITAHI.....................................1ST PLAINTIFF
NDUNGU MUGOYA................................2ND PLAINTIFF
VERSUS
AKUISI FARMERS CO. LTD...............1ST DEFENDANT
JOHN KAGAI........................................2ND DEFENDANT
RULING
(Application for contempt; judgment being given in favour of the plaintiffs; defendants failing to comply with the judgment despite being served; 2nd defendant held to be in contempt and warrant of arrest issued)
1. The application before me seeks orders that the 2nd defendant be committed to jail for contempt of court for disobeying the orders of this court issued on 14 July 2016.
2. By way of background, this suit was commenced through a plaint which was filed on 19 January 2012. The plaintiffs averred that they are members of Akuisi Farmers Company Limited, a land buying company, which purchased the land parcels LR No. 8943 and 8944, and LR No. 9949. They claimed that the directors have failed to allow members to ballot and have the land distributed to them. In the suit, they asked for orders that the defendants be ordered to hold a balloting exercise and allocate the land to the members. The suit was not defended and I entered judgment for the plaintiffs.
3. In this application, the plaintiffs complain that despite the decree being served upon the 2nd defendant, he has failed and/or refused to comply with the same.
4. The 2nd defendant despite being served with the application, has failed to respond to it. I have no reason to doubt the deposition of the applicants that they have served the decree and that the 2nd defendant has failed to abide by its terms. I therefore hold that the 2nd defendant is in contempt of the judgment of this court.
5. I now issue a warrant of arrest of the said John Kagai so that he may be presented to this court for sentencing.
6. The 2nd defendant will bear the costs of this application.
7. Orders accordingly.
Dated, signed and delivered in open court at Nakuru 31st day of July 2019.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU
In presence of :-
Mr. Omenta for the applicants.
No appearance for the respondent.
Court Assistants- Nelima Janepher/Patrick Kemboi
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU