MUSA ANGIRA ANGIRA V SILFANUS NGOJE OCHIENG & ANOTHER [2009] KEHC 3093 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

OF KISII

Civil Case 161 of 2008

MUSA ANGIRA ANGIRA………..............……………PLAINTIFF/APPLICANT

VERSUS

SILFANUS NGOJE OCHIENG

ABICH NGOJE………………………...DEFENDANTS / RESPONDENTS

RULING

This is an application by the Plaintiff seeking to cite and punish the defendants for disobeying lawful court orders issued by this court on 10th March, 2009.  The orders restrained the defendants by themselves, agents and/or servants from trespassing, cultivating, planting, digging trenches, buildings, cutting trees or in any other manner whatsoever dealing with the suit land known as L.R No. SUNA WEST/WASWETA II/216 pending the hearing and determination of this suit. The said orders were extracted and served upon the defendants on 15th March, 2009.  An affidavit of service to the effect is on record.

The plaintiff deposed in his affidavit in support of the application that notwithstanding personal service of the said orders the defendants have continued to cultivate plant, cut down trees and even dig trenches on the suit land.

The defendants were served with the plaintiff’s application for hearing on 19th May, 2009 but they neither attended court nor filed any response to the said application.

Apart from the plaintiff’s affidavit, there is also evidence that the area Chief visited the suit land on 30th March, 2009 and witnessed the continued trespass on the suit land by the defendants.  He wrote a letter to that effect.

From the foregoing, I find the defendants guilty of contempt of court. I hereby direct the Officer Commanding Migori Police Station to cause the defendants to be arrested and delivered to this court with all due dispatch so as to show cause why they should not be punished accordingly.  The plaintiff’s advocate shall ensure that these orders are extracted and served upon the said police officer for his compliance.  This matter will be mentioned on 23rd June, 2009 unless the defendants shall have been arrested and arraigned in court earlier than the aforesaid date.

DATED at Kisii this 15th day of  June, 2009

D.MUSINGA.

JUDGE.

16/6/2009

Before D. Musinga J

Mobisa – C c

Mr. Oguttu for the plaintiff

No appearance for the defendants

COURT: ruling delivered in open court on 16th June, 2009.

D.MUSINGA.

JUDGE.