[2014] KEHC 4442 (KLR)
The court found that the plaintiff, Zubeida Said Abdallah, had indeed demolished the two storey building on the suit premises in violation of a subsisting 60 day stay order previously granted by the court. The plaintiff's own counsel confirmed the disobedience and indicated her client had ignored legal advice. The...
Source-derived case information.
- Citation
- [2014] KEHC 4442 (KLR)
- Parties
- Plaintiff: Zubeida Said Abdallah; Defendant: Masoud Mohamed Shee (alias Mohamed Sudi Sheikh)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Case 76 of 2013
- Procedural Posture
- Stay Application / Ruling on Application for Stay and Contempt Proceedings
- Outcome
- Plaintiff ordered to appear and show cause why she should not be committed to civil jail for contempt of court.
- Judges
- SN Mukunya
- Legal Topics
- Stay of Execution, Contempt of Court, Court Orders Enforcement, Demolition of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zubeida Said Abdallah
Plaintiff
Masoud Mohamed Shee (alias Mohamed Sudi Sheikh)
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay and Contempt Proceedings
Legal Issues
- 1 Whether the plaintiff disobeyed a court order granting a 60 day stay of execution.
- 2 Whether the plaintiff should be committed to civil jail for contempt of court.
Ratio Decidendi
The court found that the plaintiff, Zubeida Said Abdallah, had indeed demolished the two storey building on the suit premises in violation of a subsisting 60 day stay order previously granted by the court. The plaintiff's own counsel confirmed the disobedience and indicated her client had ignored legal advice. The court determined that such conduct amounted to contempt of court, warranting the invocation of its powers to enforce compliance and uphold the authority of its orders. Consequently, the court ordered the plaintiff to appear and show cause why she should not be committed to civil jail for contempt, thereby affirming the seriousness of disobeying court orders and the necessity for...
Court Disposition
Plaintiff ordered to appear and show cause why she should not be committed to civil jail for contempt of court.
Orders
- The plaintiff shall appear in court on 4th July 2014 to show cause why she should not be committed to civil jail for disobeying court orders.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL CASE NO. 76 OF 2013
ZUBEIDA SAID ABDALLAH ..........................PLAINTIFF/RESPONDENT
- V E R S U S -
MASOUD MOHAMED SHEE (alias)
MOHAMED SUDI SHEIKH ............................. DEFENDANT/APPLICANT
RULING
[1] Masoud Mohamed Shee (alias) Mohammed Sudi Sheikh filed a notice of motion dated 31st March, 2014 praying for stay of judgment or order made on 21st day of February 2014 pending the hearing of this application.
[2] On 4th April, 2014, this court granted a 60 day stay and fixed this application for hearing on 4th June 2014. On the said date both parties were represented by Counsel. When this matter came for hearing on 4th June, 2014 the Counsel for the applicant Mr. Aboubakar told the court that the plaintiff Zubeida Said Abdalla had demolished the two storey building in the suit premises despite the 60 day stay aforesaid.
[3] Ms. Abuodha her Counsel said that she had no knowledge of the same and asked for time to be properly instructed on the same. This matter was therefore set for mention on 17th June 2014 when the court would decide the fate of the plaintiff in regard to contempt of court.
[4] On 17th June, 2014, Ms. Abuodha reported that what was said by Mr. Aboubakar was true. That she had warned her client about it but her client would not heed the Counsels' warnings.
That Ms. Abuodha was contemplating withdrawing from the case. Mr. Aboubakar pleaded with the court to issue a warrant of arrest against the plaintiffs. He urged the court to use Sec. 3A of the Civil Procedure and Section 29 of the Environment and Land Court Act to charge and imprison the plaintiff.
[5] Having heard what Mr. Aboubakar Counsel for the applicant has said and what Ms. Abuodha for the plaintiff has said, I make the following order.
That the plaintiff shall appear in court on the 4th day of July, 2014 to show cause why she should not be committed to civil jail for disobeying court orders.
Dated and delivered in open Court at Mombasa this 20th day of June, 2014.
S. MUKUNYA
JUDGE
20. 6.2014
In the presence of:
Miss. Mwanakitina Advocate for the defendant/applicant
Ms. Abuodha Advocate for the plaintiff/respondent