[2012] KEHC 3055 (KLR)

[2012] KEHC 3055 (KLR)

The court found that the defendant was served with the court order and penal notice but failed to comply with the order to return the plaintiffs' goods. The defendant did not file a replying affidavit to contest service or compliance, instead relying on a third party's affidavit claiming the goods were not in the...

Source-derived case information.

Citation
[2012] KEHC 3055 (KLR)
Parties
Plaintiff: Simon Kahigi Mungai, Peter C. Njuguna, Johnson Muturi Muigai all trading as Harlifax Printers and General Supplies; Defendant: Stephen Kori Ng'ang'a T/A Gladsom Auctioneers
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Civil Case 167 of 2008
Procedural Posture
Civil Application / Ruling on Contempt of Court Application
Outcome
application for committal for contempt allowed
Judges
GV Odunga
Legal Topics
Contempt of Court, Injunctive Relief, Enforcement of Court Orders
Source Language
en
Civil Procedure Contempt of Court Injunctive Relief Enforcement of Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Simon Kahigi Mungai, Peter C. Njuguna, Johnson Muturi Muigai all trading as Harlifax Printers and General Supplies

Plaintiff

Stephen Kori Ng'ang'a T/A Gladsom Auctioneers

Defendant

Procedural Posture

Civil Application / Ruling on Contempt of Court Application

Legal Issues

  1. 1 Whether the defendant is guilty of contempt of court for disobeying orders issued on 22nd September 2009.
  2. 2 Whether the defendant's claim that the goods were not in his possession is a valid defence to contempt.
  3. 3 Whether service of the court order and penal notice was properly effected on the defendant.

Ratio Decidendi

The court found that the defendant was served with the court order and penal notice but failed to comply with the order to return the plaintiffs' goods. The defendant did not file a replying affidavit to contest service or compliance, instead relying on a third party's affidavit claiming the goods were not in the defendant's possession. The court held that such a defence should have been raised in an application to set aside the order, not as a justification for non-compliance. The court emphasized that court orders are binding until set aside and that parties cannot choose which orders to obey. The defendant's conduct amounted to blatant and unmitigated disobedience of a valid court...

Court Disposition

application for committal for contempt allowed

Orders

  • A warrant of arrest is to be issued forthwith for the arrest of the defendant for the purposes of being brought to court to show cause why he cannot be committed to serve six months imprisonment for contempt.
  • The plaintiffs are awarded the costs of the application.