Caroline Wairimu Wanjihia & another v I & M Bank Limited & another [2015] KEHC 7466 (KLR)
- Court
- High Court of Kenya
- Case number
- 7466
- Citation
- [2015] KEHC 7466 (KLR)
- Decided
- 8 June 2015
The Court finds the Necessary Party in contempt of court and orders them to pay exemplary damages and to vacate the property.
Facts
The Plaintiffs claim that the Necessary Party, Hacienda Ltd, broke into their property, LR No 330/593 Apartment No 8, in Thomson's Estate Lavington, Nairobi, on 30/3/2015. The Necessary Party had previously transferred the property to I & M Bank Limited on 18/3/2015, but the transfer was not registered. The Plaintiffs seek eviction, contempt citations, and damages.
Issues
- Contempt of court by the Necessary Party for breaking into the Plaintiffs' property
- Interference with the administration of justice in the pending court proceedings
Reasoning
The Court explains the standard of proof in contempt proceedings and distinguishes between civil and criminal contempt. It rules that the Necessary Party's actions constitute contempt of court and not interference with the administration of justice.
Outcome
The Necessary Party is found in contempt of court and ordered to vacate the property.
Orders
- Eviction of the Necessary Party from the suit premises
- Citation for contempt of court
- Order for exemplary damages
Remedies
- Exemplary damages
- Eviction of the Necessary Party
Authorities cited
Cases cited (2)
- ELIUD MUTURI MWANGI (Practicing in the name and style of Muturi & Company Advocates) vs. LSG Lufthansa Services Europa/Africa GMBH and Another [2015] eKLR
- OCHINO & OTHERS –VS- OKOMBO & OTHERS (1989) KLR 165
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