Premier Daffodil Limited v Speedbird Travel and Safaris Ltd & 2 others [2020] KEELC 2643 (KLR)
- Court
- Environment & Land Court
- Case number
- 2643
- Citation
- [2020] KEELC 2643 (KLR)
The court finds that the Defendant and Mr. Dave Munya Mwangi were served with the court order and disobeyed it, thus committing contempt. Phyllies Wanjiru Mwangi's service is unproven.
Facts
The Plaintiff, Daffodil Developers Limited, sought to hold the Defendant, Speedbird Travel and Safaris Ltd, and its directors, Dave Munya Mwangi and Phyllies Wanjiru Mwangi, guilty of contempt for disobeying a court order issued on April 2, 2020, which prohibited excavation and construction on the Suit Property (L.R. No. 209/11348 Nairobi) until the application dated March 10, 2020 was heard.
Issues
- Whether the court order was served on the Defendant and its directors
- Whether there was compliance with the court order
Reasoning
The court held that service of the court order was sufficient for contempt proceedings, as knowledge of the order was sufficient to prove service. The court found that the Defendant and Mr. Mwangi disobeyed the order despite being served.
Outcome
The court found the Defendant and Mr. Mwangi guilty of contempt and ordered them to be committed to civil jail for 60 days, pay a fine of Kshs. 1,000,000, and have their assets attached and sold to pay the fine. Property on the Suit Property will be seized until the contempt is purged.
Orders
- Commitment to civil jail for 60 days
- Fine of Kshs. 1,000,000
- Assets attached and sold to pay the fine
- Property on the Suit Property seized until the contempt is purged
Remedies
- Commitment to civil jail
- Fine
- Seizure of property
Authorities cited
Cases cited (3)
- Shimmers Plaza Limited v National Bank of Kenya Limited [2015] eKLR
- Miguna Miguna v Fred Matiang’i and another [2018] eKLR
- Ben Njoroge Mithamo and another v Solicitor General and another [2015] eKLR
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