[2005] KEHC 1394 (KLR)
The court found that although the Commissioner of Lands had failed to comply with the court order for over a year, the explanation provided regarding the lack of funds and the commencement of a new financial year constituted a reasonable basis for granting further time. The court exercised its discretion to decline...
Source-derived case information.
- Citation
- [2005] KEHC 1394 (KLR)
- Parties
- Applicant: Uasin Gishu Quarry Ltd; Respondent: Commissioner of Lands
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 100 of 2002
- Procedural Posture
- Miscellaneous Application / Post Judgment Enforcement
- Outcome
- Application for warrant of arrest declined; respondent granted 30 days to comply with court order.
- Legal Topics
- Enforcement of Court Orders, Contempt of Court, Judicial Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Uasin Gishu Quarry Ltd
Applicant
Commissioner of Lands
Respondent
Procedural Posture
Miscellaneous Application / Post Judgment Enforcement
Legal Issues
- 1 Whether the Commissioner of Lands should be subjected to a warrant of arrest for failure to comply with a court order.
- 2 Whether the explanation provided by the Commissioner of Lands justifies further time for compliance.
Ratio Decidendi
The court found that although the Commissioner of Lands had failed to comply with the court order for over a year, the explanation provided regarding the lack of funds and the commencement of a new financial year constituted a reasonable basis for granting further time. The court exercised its discretion to decline the issuance of a warrant of arrest at this stage, instead granting the respondent 30 days to comply with the order, emphasizing the importance of compliance within the stipulated period.
Court Disposition
Application for warrant of arrest declined; respondent granted 30 days to comply with court order.
Orders
- The Commissioner of Lands is granted 30 days to comply with the Court Order without any failure.
- No warrant of arrest to issue at this stage.
Full Case Text
Judgment text and source record
6 paragraphs
IN THE HIGH COURT OF KENYA AT NAKURU Civil Misc Appli 100 of 2002 UASIN GISHU QUARRY LTD…………………….………….APPLICANT VERSUS COMMISSIONER OF LANDS……………………………..RESPONDENT COURT:
From the record, it is apparent that the Commissioner of Lands has had more than a year to comply with the Order of the Court. Unfortunately that hasnot been done. The Commissioner of Lands has sent one of his senior officers who has given an explanation on what may have happened in the past. Since the Government has now started a fresh financial year, it means that funds are available to comply with the Order of the Court. Given the efforts that the Commissioner of Lands has made so far, I hereby decline to issue a warrant of arrest against her at this stage.
Be that as it may, the Commissioner of Lands is hereby granted 30 days to comply with the Court Order without any failure.
MUGA APONDI JUDGE 12TH JULY, 2005
Judgment written, read and delivered in open Court.
MUGA APONDI JUDGE 12TH JULY, 2005