[2014] KEHC 2427 (KLR)
The court found that although the respondent had initially disobeyed the court order by transferring the suit land to a third party, the parties subsequently entered into a consent that provided for rectification of the title and an inhibition order. By adopting the consent as an order of the court, the respondent...
Source-derived case information.
- Citation
- [2014] KEHC 2427 (KLR)
- Parties
- Appellant: Ruth Nkuene; Appellant: Paul M'Arimi; Respondent: Johnson Kinyua
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 112 of 2012
- Procedural Posture
- Civil Appeal / Ruling on Contempt Application and Adoption of Consent
- Outcome
- Application resolved by consent; contempt purged; operative orders issued as per consent.
- Judges
- FM Njoroge
- Legal Topics
- Contempt of Court, Stay of Execution, Title Rectification, Inhibition Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ruth Nkuene
Appellant
Paul M'Arimi
Appellant
Johnson Kinyua
Respondent
Procedural Posture
Civil Appeal / Ruling on Contempt Application and Adoption of Consent
Legal Issues
- 1 Whether the respondent was in contempt of the court order issued on 24th December, 2012.
- 2 Whether the contempt had been purged by the respondent through a consent order.
- 3 What orders should be made regarding the rectification of the title and inhibition of dealings with the suit land.
Ratio Decidendi
The court found that although the respondent had initially disobeyed the court order by transferring the suit land to a third party, the parties subsequently entered into a consent that provided for rectification of the title and an inhibition order. By adopting the consent as an order of the court, the respondent was deemed to have purged the contempt. The court warned the respondent that any future disobedience of court orders would attract stern action. The operative orders were thus based on the terms of the consent, resolving the contempt application without further punitive measures.
Court Disposition
Application resolved by consent; contempt purged; operative orders issued as per consent.
Orders
- L. R. No. Abogeta/L-Chure/1163 to be rectified by deleting/cancellation of the names of Stephen Mutai Manyara and reverting to Ruth Nkuene.
- An order of inhibition to issue to inhibit any dealing over L. R. No. Abogeta/L-Chure/1163 pending hearing and determination of the appeal.
Full Case Text
Judgment text and source record
32 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL APPEAL NO.112 OF 2012
RUTH NKUENE........................................................1ST APPELLANT/RESPONDENT
PAUL M'ARIMI........................................................2ND APPELLANT/RESPONDENT
VERSUS
JOHNSON KINYUA.........................................................RESPONDENT/APPELLANT
R U L I N G
This application is dated 16th July, 2014 and seeks orders that:
(a) The honourable court be pleased to hear this application urgently.
(b) The honourable court be pleased to cite the respondent for contempt of court orders made on 24th December, 2012.
(c) The honourable court be pleased to commit the respondent to civil jail for a period of 6 months and order the cancellation of the title deed issued to the buyer of the suit land.
(d) The honourable court be pleased to make other orders that may be deemed expedient in the circumstances.
(c) Costs be provided for.
The application was supported by the affidavit of Johnson Kinyua, the Respondent/Applicant and on the following grounds:
(a) THAT the honourable court made an order on 24th December, 2012 staying the execution of judgment and decree in respect of P.M.C.C. No. 83 of 2011 (Nkubu).
(b) THAT despite being served with the said order the respondent has blatantly disobeyed, refused and persists in such refusal to obey this court. That the respondent has transferred the suitland NO.ABOGETA/L-CHURE/1163 which is the subject matter in this suit to a 3rd party.
(c) THAT the respondent's actions are contemptuous of the court's order and unless she is cited for contempt the authority and integrity of the court shall be put into question
On. 22. 7.2014 the advocate for the applicant told the court that the contemnor Ruth Nkuene had purged her contempt through a consent by the parties whose terms the parties wanted adopted as an order of this court. The consent is in the following terms:
“By consent:
1. L. R. No. Abogeta/L-Chure/1163 be rectified by deleting/cancellation of the names of Stephen Mutai Manyara and the same to revert into the names of Ruth Nkuene, the first appellant herein.
2. An order of inhibition do issue to inhibit any dealing over L. R. No. Abogeta/L-Chure/1163 pending hearing and determination of this Appeal.
3. Costs be in the cause”
The consent is signed by Advocate Gikunda Anampiu for the Appellant and Advocate L. Kimathi Kiara for the Respondent.
The terms of the consent are adopted as orders of this court and through the consent, the contemnor, Ruth Nkuene, is deemed to have purged the contempt. She is present in Court and she has been warned that any future disobedience of court orders will attract stern action.
It is so ordered.
Delivered in Open Court at Meru this 22nd day of July, 2014 in the presence of:
Cc. Daniel
Kimathi for Respondent/Applicant
Muthamia for Appellant/Respondent
P. M. NJOROGE
JUDGE