ESTHER NGELEL v DANIEL KIBET NGELEL & 2 others [2012] KEHC 3679 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT ELDORET

CIVIL SUIT 6 OF 2012

ESTHER NGELEL.........................................................................................................PLAINTIFF

VERSUS

DANIEL KIBET NGELEL..................................................................................1ST DEFENDANT

PHILIP KIPLIMO NGELEL..............................................................................2ND DEFENDANT

JOSEPH KIPRUTO NGELEL.........................................................................3RD DEFENDANT

RULING:

The brief facts of the case are that on the 2nd of April, 2012 the Applicant obtained the orders as set out hereunder against all the Respondents;

1. This application be and is hereby certified as urgent and its service be and is hereby dispensed with in the first instance.

2. The Defendant/Respondent by themselves, the agents and/or servants and/or workers and/or any other person claiming and/or acting on their behalf be and are hereby restrained by means of an order of temporary injunction from trespassing and/or constructing and/or dealing in any way on the subject land parcel number NANDI/NDALAT SETTLEMENT/188 pending the interparties hearing and final determination of this application.

3. The Defendant/Respondent by themselves, the agents and/or servants and/or w orders and/or any other person claiming and/or acting on their behalf be and are hereby restrained by means of an order of injunction from trespassing and/or constructing and/or dealing in any way on the subject land parcel number NANDI/NDALAT SETTLEMENT/188 pending the interparties hearing and final of the main suit.

4. Costs be in the cause.

The said Order was served upon the 2nd Defendant by the court process-server, and the 2nd Defendant confirmed under cross-examination that he as indeed served with the said Order which had a penal clause.

The 2nd Defendant stated in evidence that he read and understood the Order but did not comply with the same.

From the evidence adduced, I am satisfied that the 2nd Defendant is in contempt of the Court Orders. Court Orders must be obeyed and when contempt of court has been proved the offender must be punished.

The ruling for today is for the sentencing of the 2nd Defendant and it is hereby ordered;

1. That the 2nd Defendant do pay a fine of Kshs 50,000/= in default, the 2nd Defendant be arrested and committed to civil jail for a period of two months at Eldoret G.K Prison.

2. The costs of the incarceration of the 2nd Defendant to be borne by the Applicant.

3. The costs of this application to be borne by the 2nd Respondent.

Dated and delivered at Eldoret this 22nd day of June 2012.

A.MSHILA

JUDGE

Coram: Before Hon A.Mshila J

CC: Andrew

Counsel for the Applicant Kiboi for Applicant

2nd Defendant in person.

A.MSHILA

JUDGE