Truphena Mena & 5 others v Bonventure A. Omuse [2019] KEELC 1351 (KLR)
- Court
- Environment & Land Court
- Case number
- 1351
- Citation
- [2019] KEELC 1351 (KLR)
The respondent is guilty of contempt of court for wilfully defying the court order to stop interfering with the tenancy.
Facts
The applicants occupied the respondent's premises for 5-10 years. The respondent fenced off the premises and informed the applicants they were no longer required. The applicants filed a Business Premises Rent Tribunal case, but the respondent disrupted their businesses. The applicants sought an injunction and punishment for contempt.
Issues
- Whether the applicants vacated the premises voluntarily
- Whether the respondent defied the court order to stop interfering with the tenancy
Reasoning
The court found that the applicants were still interested in accessing the premises by 11/5/2019 and that the respondent proceeded with nuisances with the intent of constructively evicting them.
Outcome
The respondent is convicted of contempt of court and ordered to appear personally for mitigation and sentencing.
Orders
- Certify the matter urgent and hear it forthwith
- Order the respondent to appear in person during the hearing of the application
- Convict the respondent of contempt of court
- Order the respondent to appear before the court personally for mitigation and sentencing on 1st October 2019 at 9.00 a.m.
Authorities cited
Legislation (2)
- Contempt of Court Act, 2016
- Civil Procedure Rules
Loading judgment…