Charles Iguna Nduyo, Kithetu Mugambi & Agnes Karia Makanya v Gituri Primary School (sued thro’ chairman, secretary & treasurer of school management committee) & Board of Management M.C.K. Gituri Primary School (thro’ the chairperson and secretary) (Environment & Land Case 60 of 2016) [2018] KEELC 1907 (KLR)
The bottom line
#A Kenyan High Court ruled that a contempt application must be heard before any attempt to set aside the judgment being disobeyed.
What this practically means
#Executive summary
#Key legal issues
#Sequencing of a contempt application against an application to set aside the underlying judgment
The court exercised its discretion to have the contempt application heard first, adopting the plaintiffs' reasoning based on priority of filing and the principle that an alleged contemnor should not seek favours from the court whose orders he is disobeying
Counsel for the plaintiffs urged two grounds: the contempt application was filed first, and an alleged contemnor should not seek orders from the court whose orders he or she is disobeying. Defence counsel was not ready to proceed on the setting-aside application, having not received responses. Weighing these circumstances, the court directed that the contempt application be heard first on 30th October 2018, by consent.
Legal principles established
#- Where two applications are pending, one for contempt of court orders and one seeking setting aside of the judgment whose orders are allegedly disobeyed, the court may direct that the contempt application be heard first
Court orders
#- 1.By consent, the application for contempt proceedings to be heard on 30th October, 2018
- 2.The alleged contemnors were informed by the court to personally be in court on 30th October, 2018 and on all other days when matters concerning the contempt application come up in court
- Jurisdiction invoked
- Not stated in the judgment text provided
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Charles Iguna Nduyo, Kithetu Mugambi & Agnes Karia Makanya v Gituri Primary School (sued thro’ chairman, secretary & treasurer of school management committee) & Board of Management M.C.K. Gituri Primary School (thro’ the chairperson and secretary) (Environment & Land Case 60 of 2016) [2018] KEELC 1907 (KLR)", Case Analysis (2018). Not stated in the judgment text provided. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/1907/eng@2018-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.