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ELCDismissedNot stated in the judgment· [2025] KEELC 3410 (KLR)

Ahmed & 4 others v Nur (Environment and Land Appeal E035 of 2024) [2025] KEELC 3410 (KLR)

Environment and Land Court
30 April 2025
JOJ.O. Olola
1,853 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan court refused to jail a landlord for contempt because the other side couldn't prove he was properly served with the court order he allegedly broke.

What this practically means

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Executive summary

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By a Notice of Motion dated 13th January, 2025, the Appellants, led by the 3rd Appellant Hassan Adan Hassan, sought a temporary injunction compelling the Respondent Ismail Sheikh Nur to open and remove a padlock on the suit premises, a declaration that the Respondent and his Advocate Abdul Razak were in contempt of an order issued on 31st December, 2024, and their committal to prison for six months. The Appellant contended that despite service of a stay of execution order, the Respondent and his Advocate forcefully removed him from his shop and handed him to police, leading to his arrest and arraignment on 6th January, 2025. The Respondent denied service and breach, asserting the Appellant had long been evicted and that the order of 31st December, 2024 (issued ex-parte by Justice L. Naikuni) only stayed the court's own Ruling of 11th December, 2024, not the Business Premises Rent Tribunal's ruling of 22nd August, 2024 which had allowed eviction. The court restated the four elements of civil contempt, requiring proof to a standard higher than in civil cases. It found no evidence of direct service: the connection between Abdul Razak and the firm Abdirazak & Company Advocates was unexplained, and the WhatsApp service to a purported associate of the firm was unverified. Further, the order of 31st December, 2024 could not be construed as staying the Tribunal's eviction orders. The application was dismissed with costs to the Respondents.

Key legal issues

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01

Proof of service of contempt orders

Holding

Service was not proved; no evidence connected the served person Abdul Razak to the firm Abdirazak & Company Advocates, and the WhatsApp service lacked proof of the recipient's association with the firm.

Reasoning

The court found no evidence of direct service. The process server served a WhatsApp number said to belong to Mr. Abdulla Mohamednur Abdi, an associate at the firm, but nothing showed how the server knew of that association or ownership of the number. The connection between Abdul Razak and the named law firm was likewise unexplained. Consequently, knowledge of the order, a necessary element of contempt, was not established.

p. 4
02

Scope of the orders of 31st December, 2024

Holding

The orders only stayed the court's own Ruling and Decree of 11th December, 2024, not the Tribunal's eviction orders.

Reasoning

The ex-parte orders issued by Justice L. Naikuni stayed execution against the Ruling and Decree of the ELC delivered on 11th December, 2024 until 4th February, 2025. Reading those orders, the court could not construe them as staying the eviction orders issued by the Business Premises Rent Tribunal on 22nd August, 2024, which had in fact been vacated by the 11th December ruling.

p. 4

Legal principles established

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  • Four elements must be proved to establish civil contempt, to a standard higher than in civil cases
  • Every person against whom a court order is made must obey it unless and until it is discharged

Court orders

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  1. 1.The Notice of Motion dated 13th January, 2025 is dismissed
  2. 2.Costs of the application awarded to the Respondents

Authorities

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Legislation

  • Judicature ActSection 5
  • Environment and Land Court ActSection 29
  • Civil Procedure Rules, 2010Order 5 Rule 15

Cases cited (2)

  • Econet Wireless Kenya Limited vs Minister for Information and Communication of Kenya & Another
    (2005) eKLR
  • Hadkinson vs Hadkinson
    (1952) 2 All ER 567
On appeal from
Business Premises Rent Tribunal
Jurisdiction invoked
Section 5 of the Judicature Act; Section 29 of the Environment and Land Court Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Ahmed & 4 others v Nur (Environment and Land Appeal E035 of 2024) [2025] KEELC 3410 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/3410/eng@2025-04-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.