Charles Steven Mbindyo v Justus Wainaina Njuguna & 2 others [2020] eKR Case Summary

Court
Environment and Land Court at Machakos
Category
Civil
Judge(s)
Hon. O.A. Angote
Judgment Date
September 25, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Discover the key highlights of the Charles Steven Mbindyo v Justus Wainaina Njuguna & 2 others [2020] eKR case. Explore the ruling implications and legal principles established in this significant judgment.

Case Brief: Charles Steven Mbindyo v Justus Wainaina Njuguna & 2 others [2020] eKR

1. Case Information:
- Name of the Case: Charles Steven Mbindyo v. Justus Wainaina Njuguna & Others
- Case Number: ELC. CASE NO. 460 OF 2017
- Court: Environment and Land Court, Machakos
- Date Delivered: September 25, 2020
- Category of Law: Civil
- Judge(s): Hon. O.A. Angote
- Country: Kenya

2. Questions Presented:
The court must resolve whether the 1st and 2nd Respondents are in contempt of court for disobeying orders issued on March 20, 2018, and May 15, 2020, which restrained them from dealing with the Plaintiff's property, and whether the Plaintiff is entitled to have the actions of the Respondents annulled and to be compensated for contempt.

3. Facts of the Case:
The Plaintiff, Charles Steven Mbindyo, is the registered owner of parcel of land L.R. No. 9917/4, which he purchased in 1989. Following a suit he filed, the court issued an injunction on March 20, 2018, prohibiting the 1st Defendant, Justus Wainaina Njuguna, and the 2nd Defendant, the Chief Land Registrar, from interfering with the property. Despite this, the Plaintiff's wife testified that the 1st Defendant subdivided the property in 2017 and that the 2nd Defendant issued titles to third parties, contravening the court's orders.

4. Procedural History:
The Plaintiff initiated the suit on November 20, 2017, seeking injunctive relief. The court granted the injunction on March 20, 2018, and later rendered a judgment on May 15, 2020, affirming the Plaintiff as the bona fide owner of the property. Following the alleged contempt of court by the Defendants, the Plaintiff filed a Notice of Motion on July 15, 2020, seeking to hold the Defendants in contempt and annul any titles issued in violation of the court's orders.

5. Analysis:
- Rules: The court considered the principles governing contempt of court, which require proof of the order's terms, the Respondents' knowledge of these terms, and their failure to comply. The relevant statutes include the Civil Procedure Act and case law on contempt.
- Case Law: The court referenced *Econet Wireless Kenya Ltd v. Minister for Information & Communication of Kenya* and *Mutitika v. Baharini Farm Limited*, emphasizing the serious nature of contempt proceedings and the necessity for clear evidence of disobedience to court orders.
- Application: The court found insufficient evidence to establish contempt. The Plaintiff failed to provide an official search demonstrating that the property had been subdivided or that titles had been issued. As such, the court could not conclude that the Defendants had willfully disobeyed its orders.

6. Conclusion:
The court dismissed the Plaintiff's application for contempt, ruling that there was no merit in the claims against the 1st and 2nd Respondents due to a lack of evidence. The dismissal indicates the court's commitment to upholding the integrity of its orders while requiring clear proof of contempt before imposing penalties.

7. Dissent:
There was no dissenting opinion in this ruling as it was a singular judgment by Hon. O.A. Angote.

8. Summary:
The case of *Charles Steven Mbindyo v. Justus Wainaina Njuguna & Others* highlights the stringent requirements for proving contempt of court in Kenya. The court's ruling underscores the necessity for concrete evidence when alleging disobedience of court orders, ultimately leading to the dismissal of the Plaintiff's application. This decision serves as a reminder of the judicial system's emphasis on due process and the burden of proof required in contempt proceedings.

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