[2021] KEHC 271 (KLR)
The court found that the 1st and 2nd respondents were aware of the order requiring them to deposit their passports, as it was made in the presence of their advocate and subsequently served upon them. The respondents did not comply with the order and attempted to leave the jurisdiction, which constituted a clear act...
Source-derived case information.
- Citation
- [2021] KEHC 271 (KLR)
- Parties
- Plaintiff: Rarlon Kenya Construction Materials Ltd; Respondent: Peng Jian Feng; Respondent: Lou Guang Yang; Respondent: Powerchina Guizhou Engineering Company Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E824 of 2021
- Procedural Posture
- Civil Suit / Ruling on Contempt Application
- Outcome
- Application for contempt allowed. Respondents committed to civil jail for four months.
- Judges
- A Mabeya
- Legal Topics
- Contempt of Court, Interlocutory Orders, Passport Deposit Orders, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rarlon Kenya Construction Materials Ltd
Plaintiff
Peng Jian Feng
Respondent
Lou Guang Yang
Respondent
Powerchina Guizhou Engineering Company Ltd
Respondent
Procedural Posture
Civil Suit / Ruling on Contempt Application
Legal Issues
- 1 Whether the 1st and 2nd respondents were aware of the court order requiring them to deposit their passports.
- 2 Whether the 1st and 2nd respondents failed to comply with the court order.
- 3 Whether the respondents should be committed to civil jail for contempt of court.
Ratio Decidendi
The court found that the 1st and 2nd respondents were aware of the order requiring them to deposit their passports, as it was made in the presence of their advocate and subsequently served upon them. The respondents did not comply with the order and attempted to leave the jurisdiction, which constituted a clear act of contempt. The court held that the respondents' failure to comply with the order, coupled with their attempt to evade the court's jurisdiction, justified their committal to civil jail. The court therefore allowed the application for contempt and ordered the respondents' committal for four months.
Court Disposition
Application for contempt allowed. Respondents committed to civil jail for four months.
Orders
- Peng Jian Feng and Lou Guang Yang are committed to jail for a term of four months for contempt of court.
- The Deputy Registrar is directed to issue warrants for their arrest and committal to Kamiti Maximum prison forthwith.
Full Case Text
Judgment text and source record
29 paragraphs
Rarlon Kenya Construction Materials Ltd v Feng & 2 others (Civil Suit E824 of 2021) [2021] KEHC 271 (KLR) (Commercial and Tax) (26 November 2021) (Ruling)
Neutral citation number: [2021] KEHC 271 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)
Civil Suit E824 of 2021
A Mabeya, J
November 26, 2021
Between
Rarlon Kenya Construction Materials Ltd
Plaintiff
and
Peng Jian Feng
1st Respondent
Lou Guang Yang
2nd Respondent
Powerchina Guizhou Engineering Company Ltd
3rd Respondent
Ruling
1. On 1/10/2021, the Court ordered the 1st and 2nd respondent to deposit their passports with the Court. It had been alleged that they were on the verge of escaping from the jurisdiction in order to avoid and evade their legal obligations.
2. The said Order was made in the presence of their legal representative Ms. Onyiego, Advocate. Subsequently, that Order was said to have been served upon the respondents who are Chinese citizens.
3. On 14/10/2021, the plaintiff took out a Motion on Notice of even date under Order 40 Rule 3 of the Civil Procedure Rules and Section 5 (1) of the Judicature Act, Order 52 Rule 3 of the Rules of Supreme Court and Section 3A of the Civil Procedure Act. In the application, the plaintiff sought that the 1st and 2nd respondent be committed to civil jail for a period of six (6) months.
4. Evidence of the matters complained of were produced. The applicant produced a copy of the subject Order. That since the Order was made in the presence of the plaintiff’s advocates, it is tragic that a citizen cannot enforce a right within the jurisdiction. That the said respondents were about to leave the jurisdiction of this Court.
5. I have considered the affidavits on record and the entire record. It is not denied that the subject Order was made and served on 6/10/2021. That the said respondents had been arrested at JKIA while trying to escape to China.
6. It was contended that since the Order was made in the presence of the respondents’ advocates which was followed with service of the same upon the respondents on 6/10/2021, the respondents were aware of what they were required of. That despite as aforesaid, the said respondents had failed to comply with the said Order.
7. All the foregoing were matters stated on oath and were not denied or challenged.
8. In the circumstances, I am satisfied that the said respondents were aware of the Order made on 1/10/2021. They have not complied with the said Order in that, they have not deposited in Court their passport as directed in the Order.
9. Accordingly, the said respondents are in contempt of the Order of this court made on 1/10/2021. I allow the application and order that the respondents, Peng Jian Feng and Lou Guang Yang be committed to jail for a term of four (4) months.
10. Consequently, the Deputy Registrar of this Court is directed to issue warrants for their arrest and committal to Kamiti Maximum prison forthwith. The plaintiff will have the costs of the application.
It is so ordered.DATED AND DELIVERED AT NAIROBI THIS 26TH DAY OF NOVEMBER, 2021. A. MABEYA, FCI ArbJUDGE