Kenya Ports Authority & another v Akaba Investment Limited & 8 others [2020] eKLR Case Summary

Court
Environment and Land Court at Mombasa
Category
Civil
Judge(s)
C.K. Yano
Judgment Date
September 16, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
In Kenya Ports Authority & another v Akaba Investment Limited & 8 others [2020] eKLR, the court addressed critical issues on port operations and liability. Explore the judgment's impact on maritime law and investment disputes in Kenya.

Case Brief: Kenya Ports Authority & another v Akaba Investment Limited & 8 others [2020] eKLR

1. Case Information:
- Name of the Case: Kenya Ports Authority & Another v. Akaba Investment Limited & Others
- Case Number: ELC No. 282 of 2018
- Court: Environment and Land Court at Mombasa
- Date Delivered: September 16, 2020
- Category of Law: Civil
- Judge(s): C.K. Yano
- Country: Kenya

2. Questions Presented:
The court must resolve two central legal issues:
1. Whether to grant the 1st defendant’s application for a stay of proceedings pending appeal regarding the ruling delivered on February 27, 2019.
2. Whether to commit the 1st defendant’s director, Abdulbasit Swaleh, to civil jail for contempt of court for allegedly disobeying court orders.

3. Facts of the Case:
The plaintiffs, Kenya Ports Authority and the Kenya Ports Authority Pension Scheme, filed a suit against multiple defendants including Akaba Investment Limited, Kemo Contractors Ltd, and others. The plaintiffs sought to enforce a court order that prohibited the defendants from interfering with a public access road serving the plaintiffs' properties. The plaintiffs alleged that the defendants had continued to operate a car wash business on the disputed property, thereby violating the court's injunction.

4. Procedural History:
The case progressed through the court system with two main applications:
- The first application, dated June 6, 2019, sought to commit Abdulbasit Swaleh to civil jail for contempt of court due to the alleged disobedience of the February 27, 2019 order.
- The second application, dated July 15, 2019, sought to stay proceedings pending an appeal against the earlier ruling. The court directed that both applications be heard together.

5. Analysis:
- Rules: The court considered the Civil Procedure Act, specifically Sections 1A, 1B, and 3A, alongside Order 51 Rules 1, 2, and 3. The legal standards for granting a stay of proceedings and for contempt of court were also examined.

- Case Law: The court referenced several cases to guide its decision:
- *Kenya Power and Lighting Co. Ltd v. Esther Wanjiru Wokabi* (2014) eKLR, where it was established that an applicant must show an arguable appeal and that a stay of proceedings should be granted in the interest of justice.
- *Global Tours & Travels Limited* and *Christopher Ndolo Mutuku & Another v. CFC Stanbic Bank Ltd* (2015) eKLR were cited to emphasize the importance of expeditious proceedings and the need for a compelling case for a stay.

- Application: The court found that the 1st defendant's application for a stay of proceedings was not filed expeditiously and lacked merit, as the delay in filing was not adequately explained. The court also determined that the plaintiffs had not proven contempt against the 1st defendant, as the evidence presented was insufficient to show that the 1st defendant had willfully disobeyed the court's orders.

6. Conclusion:
The court dismissed both applications: the 1st defendant's application for a stay of proceedings and the plaintiffs' application for contempt. The ruling emphasized the importance of timely applications and the burden of proof in contempt proceedings. The decision underscores the court's commitment to expediting justice and maintaining the authority of its orders.

7. Dissent:
There were no dissenting opinions noted in this ruling.

8. Summary:
In summary, the court ruled against both the 1st defendant's request for a stay of proceedings and the plaintiffs' request for contempt, highlighting the necessity for prompt legal actions and the high standard of proof required in contempt cases. The case illustrates the balance courts must maintain between allowing appeals and ensuring timely justice for plaintiffs.

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