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ELCPartially AllowedNot stated in the excerpt (plaint dated 14th December 2016; Notice of Motion dated 20th November 2017)· [2018] KEELC 121 (KLR)

Kingorani Invetsments Limited v Sigma Limited & 9 others [2018] KEELC 121 (KLR)

Environment and Land Court
20 December 2018
SOS. Okong'o
5,051 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nairobi court found three parties in contempt for ignoring land injunction orders, but refused jail terms until they appear for mitigation.

What this practically means

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Executive summary

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The plaintiff, registered owner of L.R. No. 209/11142 (I.R. No. 48067), Nairobi, obtained temporary injunctions on 9th January 2017, confirmed on 16th October 2017, restraining the defendants from trespassing on, occupying or in any manner interfering with the suit property. By a Notice of Motion dated 20th November 2017, the plaintiff sought orders that the respondents vacate the property, restore it following alleged excavation, be found in contempt, and that named directors be committed to jail for six months. The respondents denied contempt: the 4th defendant claimed ownership and possession predating the orders and a tenancy with the 1st respondent for parking and storage; the 5th and 10th respondents denied ever being on the property or being served with the orders. The court, S. Okong'o J, framed two issues: whether the orders were breached and whether the plaintiff was entitled to the reliefs sought. Applying Mutitika v Baharini Farm and the Court of Appeal's decision in Micheal Sistu Mwaura Kamau, the court held the orders were clear, that knowledge rather than personal service suffices (following Shimmers Plaza), and that photographic evidence and the 4th defendant's own affidavit established continued occupation and use in breach of the orders. The 1st, 3rd and 4th respondents were found jointly and severally in contempt, but no excavation by any respondent was proved; the mandatory injunction and committal prayers were refused, and mitigation summons were ordered before sentencing. Costs were awarded against the 4th and 10th defendants jointly and severally.

Key legal issues

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01

Whether the court orders of 9th January 2017 (confirmed 16th October 2017) were breached

Holding

The 1st, 3rd and 4th respondents were in contempt by continuing to enter and use the suit property despite express prohibitions

Reasoning

The orders were clear, unambiguous, and did not preserve any status quo. Photographs showed interference with the property. The 4th defendant's own affidavit admitted continued possession and use under a tenancy agreement after the orders. Counsel's presence when orders were made and newspaper advertisement established knowledge, dispensing with personal service.

p. 6
02

Whether the other respondents (5th to 10th) were in contempt

Holding

No contempt established against them for want of proof of breach or knowledge

Reasoning

The plaintiff adduced no material showing how these respondents breached the orders. Several were not parties to the suit and were never served; generalised allegations could not sustain a contempt finding against them.

p. 6

Legal principles established

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  • Knowledge of a court order is sufficient for contempt proceedings; personal service with penal notice is no longer mandatory.
  • To sustain committal, the order disobeyed must be clear and precise and disobedience willful and deliberate, proved to a standard higher than balance of probabilities but not beyond reasonable doubt.

Court orders

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  1. 1.Found the 1st, 3rd and 4th respondents (White Lotus Projects Limited, Poosapati Sita Ramachandra Raju and Mohamud Mahat Noor) jointly and severally in contempt of court
  2. 2.Directed the Deputy Registrar to issue summons for Poosapati Sita Ramachandra Raju and Mohamud Mahat Noor to appear in court for mitigation before sentencing
  3. 3.Awarded the plaintiff costs of the application, to be paid by the 4th and 10th defendants jointly and severally

Authorities

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Legislation

  • Contempt of Court Actsection 4
  • Evidence ActPart 7 (production of electronic evidence)

Cases cited (7)

  • Hardkinson v Hardkinson
    [1952] ALL ER 567
  • Mutitika v Baharini Farm Ltd
    [1985] KLR 227
  • Micheal Sistu Mwaura Kamau v Director of Public Prosecutions & 4 others
    (2018) eKLR
  • Republic v Ahmad Abolfathi Mohammed & Another
  • Jihan Freighters Ltd v Hardware & General Stores Ltd
  • A.B. & Another v R.B.
    [2016] eKLR
  • Shimmers Plaza Limited vs National Bank of Kenya Limited
    [2015] eKLR
Jurisdiction invoked
Inherent jurisdiction of the court to punish contempt of its orders (Contempt of Court Act, section 4, referenced in the cited authorities)

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, "Kingorani Invetsments Limited v Sigma Limited & 9 others [2018] KEELC 121 (KLR)", Case Analysis (2018). Not stated in the excerpt (plaint dated 14th December 2016; Notice of Motion dated 20th November 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/121/eng@2018-12-20

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