[2019] KEELC 1707 (KLR)
The court found that the respondents (directors of Speedway Technical Company Limited) were duly served with the hearing notice and the court order requiring their attendance for examination of accounts but failed to attend or comply. This non-compliance constituted sufficient grounds to summon them to appear in...
Source-derived case information.
- Citation
- [2019] KEELC 1707 (KLR)
- Parties
- Plaintiff: Speedway Technical Company Limited; Defendant: Ecobank Kenya Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 871 of 2015
- Procedural Posture
- Notice of Motion / Ruling on Contempt Application
- Outcome
- Application partially allowed; summons to show cause granted.
- Judges
- TM Olando
- Legal Topics
- Contempt of Court, Execution of Decree, Taxation of Costs, Summons to Directors
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Speedway Technical Company Limited
Plaintiff
Ecobank Kenya Limited
Defendant
Procedural Posture
Notice of Motion / Ruling on Contempt Application
Legal Issues
- 1 Whether the directors of Speedway Technical Company Limited should be cited for contempt of court for failing to comply with court orders.
- 2 Whether the directors should be summoned to show cause why they should not be punished for contempt and the company’s property sequestrated.
- 3 Whether the applicant is entitled to costs of the application.
Ratio Decidendi
The court found that the respondents (directors of Speedway Technical Company Limited) were duly served with the hearing notice and the court order requiring their attendance for examination of accounts but failed to attend or comply. This non-compliance constituted sufficient grounds to summon them to appear in court to show cause why they should not be cited for contempt and punished by committal to jail and sequestration of company property. The court exercised its discretion to grant the prayer for summons, emphasizing the need to uphold the authority and dignity of the court. Costs of the application were awarded to the applicant.
Court Disposition
Application partially allowed; summons to show cause granted.
Orders
- Fredrick Obado Opio, Mary Adhiambo, Eric Ochieng Obado, and Tom Oyugi are hereby summoned to appear in court to show cause why they cannot be cited for contempt of court and punished accordingly by committal to jail and by sequestration of the company’s property.
- Costs of the application awarded to the applicant.
Full Case Text
Judgment text and source record
34 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT KISUMU
ELC CASE NO. 871 OF 2015
(FORMERLY HCCC CASE NO. 243 OF 2011)
SPEEDWAY TECHNICAL COMPANY LIMITED...............PLAINTIFF
VERSUS
ECOBANK KENYA LIMITED............................................. DEFENDANT
RULING
1. The applicant seeks orders that:
1. Fredrick Obado Opio, Mary Adhiambo, Eric Ochieng Obado Be cited for contempt and be punished accordingly by committal to jail.
2. That the said Speed way Technical Company limited properties be sequestrated.
3. ALTERNATIVELY that the said Fredrick Obado Opio, Mary Adhiambo, Eric Ochieng Obado Tom Oyugi be summoned to appear in court to show cause why they cannot be cited for contempt of court and punished accordingly by the committal to jail and by the sequestration of the said company’s property
4. That the costs of this application be met by the said Fredrick Obado Opio, Mary Adhiambo, Eric Ochieng Obado
The application is made on grounds:-
i. That the bill of costs was taxed on December 13 2017 at Kshs. 268,721.
ii. That the Applicant is desirous of executing the certificate of costs issued by this Honourable court on December 13 2017.
iii. That the Honourable court issued an order on January 22nd 2019 requiring the attendance of the Directors of speed way Technical Company be summoned to attend court for purposes of examining their books of accounts and other documentary evidence for purposes of executing the decree issued by the court.
iv. That the said Directors never appeared court pursuant to the Order of the court issued on January 22nd 2019.
v. All the Directors Fredrick Obado Opio, Mary Adhiambo, Eric Ochieng Obado principal were served with the court order of the 22nd January 2019 and have deliberately refused to comply with the same.
vi. The conduct of both the Directors is scandalous and an affront to the dignity of this honourable court.
2. According to the affidavit of Dave Lung’aho Siganga, the suit was dismissed for want of prosecution on 31/7/2011 and cannot taxed on 13/12/2017 at Kshs. 268,721. The parties were summoned to court but failed to attend.
3. I am satisfied that the respondents received the hearing notice but failed to attend court.
4. I do grant prayer 3 of Notice of motion dated 30/4/2019 to wit: Fredrick Obado Opio, Mary Adhiambo, Eric Ochieng Obado, Tom Oyugi be and are hereby summoned to appear in court to show cause why they cannot be cited for contempt of court and punished accordingly by the committal to jail and by the sequestration of the said company’s property. Costs to the applicant. Notice to show cause to be issued for hearing on 17/10/2019.
Orders accordingly.
A. O. OMBWAYO
ENVIRONMENT & LAND
JUDGE
DATED AND DELIVERED THIS 26th DAY OF September 2019.
In the presence of:
Plaintiff N/A
Defendant Mr. Lungaho Siganga
A. O. OMBWAYO
ENVIRONMENT & LAND
JUDGE