[2015] KEELC 675 (KLR)

[2015] KEELC 675 (KLR)

The court found that the Defendants were validly served with the court order on 22nd February 2014, as evidenced by the process-server's affidavit and corroborated by the presence of the village elder. The Defendants' violent refusal to accept service did not invalidate the service, as the process-server left the order in their compound. The Defendants did not challenge the process-server's account through cross-examination or provide evidence to the contrary. The court further found that the Defendants, despite being aware of the order, continued to interfere with the Plaintiffs' use of the land, thereby disobeying the injunction. The essential legal principle is that willful...

Citation
[2015] KEELC 675 (KLR)
Parties
Applicant: Rodgers Kabila Mtonga; Applicant: Shadrack Nyingi Mtonga; Respondent: Japhet Mwangemi; Respondent: Patrick Mwarome Mwangemi
Court
Environment and Land Court
Court Station
Environment and Land Court at Malindi
Jurisdiction
Kenya
Judgment Date
6 February 2015
Case Number
Civil Case 56 of 2013
Procedural Posture
Civil Application / Ruling on Contempt Application
Outcome
application allowed; defendants found in contempt of court
Judges
OA Angote
Legal Topics
Contempt of Court, Service of Process, Injunctions, Enforcement of Orders
Source Language
English
Land and Property Civil Procedure Contempt of Court Service of Process Injunctions Enforcement of Orders

Case Brief

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Parties

Rodgers Kabila Mtonga

Applicant

Shadrack Nyingi Mtonga

Applicant

Japhet Mwangemi

Respondent

Patrick Mwarome Mwangemi

Respondent

Procedural Posture

Civil Application / Ruling on Contempt Application

Legal Issues

  1. 1 Whether the Defendants were validly served with the court order of 12th February 2014.
  2. 2 Whether the Defendants disobeyed the court order issued on 22nd August 2013.
  3. 3 Whether the Defendants are in contempt of court for failing to comply with the injunction.

Ratio Decidendi

The court found that the Defendants were validly served with the court order on 22nd February 2014, as evidenced by the process-server's affidavit and corroborated by the presence of the village elder. The Defendants' violent refusal to accept service did not invalidate the service, as the process-server left the order in their compound. The Defendants did not challenge the process-server's account through cross-examination or provide evidence to the contrary. The court further found that the Defendants, despite being aware of the order, continued to interfere with the Plaintiffs' use of the land, thereby disobeying the injunction. The essential legal principle is that willful...

Court Disposition

application allowed; defendants found in contempt of court

Orders

  • The Defendants/Respondents to pay a fine of Kshs.50,000 each and in default to serve a jail term of 30 days.
  • The Defendants to pay the costs of this Application.