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ELCAllowed· [2019] KEELC 1919 (KLR)
Peter K Gitahi & Ndungu Mugoya v Akuisi Farmers Co. Ltd & John Kagai (Environment & Land Case 288 of 2012) [2019] KEELC 1919 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was a contempt application arising from an undefended suit commenced by plaint on 19 January 2012. The plaintiffs, members of Akuisi Farmers Company Limited, a land buying company that purchased land parcels LR No. 8943, 8944 and 9949, had sued the company's directors for failing to allow members to ballot for and be allocated their land. Judgment was entered in their favour on 14 July 2016, ordering the defendants to hold a balloting exercise and allocate the land to members. The plaintiffs complained that although the decree was served on the 2nd defendant, John Kagai, he failed and/or refused to comply with it. The 2nd defendant, though served with the contempt application, did not respond to it. The court, per Munyao Sila J, found no reason to doubt the applicants' deposition that the decree was served and ignored, and held the 2nd defendant in contempt of the court's judgment. The court issued a warrant of arrest of John Kagai so that he could be presented to the court for sentencing, and ordered the 2nd defendant to bear the costs of the application. The ruling was delivered in open court at Nakuru on 31 July 2019. No authorities were cited and no separate opinions were rendered.
Key legal issues
#01
Whether the 2nd defendant was in contempt of the judgment of the court
Holding
The court found the 2nd defendant in contempt, being satisfied on uncontroverted affidavit evidence that the decree had been served on him and that he had failed to comply with its terms.
Reasoning
The suit was undefended and judgment was entered for the plaintiffs ordering a balloting exercise and allocation of land. The decree was served on the 2nd defendant, who neither complied with it nor responded to the contempt application despite being served. In the absence of any rebuttal, the court accepted the applicants' depositions that service occurred and that the 2nd defendant refused to comply, and held him in contempt.
p. 1
Legal principles established
#- A party served with a decree who fails to abide by its terms is in contempt of court and liable to arrest for sentencing
Court orders
#- 1.A declaration/holding that the 2nd defendant is in contempt of the judgment of the court
- 2.Issuance of a warrant of arrest of John Kagai so that he may be presented to the court for sentencing
- 3.The 2nd defendant to bear the costs of the application
- Jurisdiction invoked
- Inherent contempt jurisdiction of the Environment and Land Court over disobedience of its own judgment and decree
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Peter K Gitahi & Ndungu Mugoya v Akuisi Farmers Co. Ltd & John Kagai (Environment & Land Case 288 of 2012) [2019] KEELC 1919 (KLR)", Case Analysis (2019). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/1919/eng@2019-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.