Edward Shavanji Angwe v Malaki Akhamwa Makomere & 2 others [2020] eKLR

Court
Environment and Land Court at Kakamega
Category
Civil
Judge(s)
N.A. Matheka
Judgment Date
October 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Edward Shavanji Angwe v Malaki Akhamwa Makomere & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Edward Shavanji Angwe v. Malaki Akhamwa Makomere, Gladys Chitai, Everlyne Bwoya
- Case Number: ELC CASE NO. 103 OF 2017
- Court: Environment and Land Court, Kakamega
- Date Delivered: 27th October 2020
- Category of Law: Civil
- Judge(s): N.A. Matheka
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court were whether the plaintiff/respondent, Edward Shavanji Angwe, disobeyed a court order issued on 9th May 2019, thereby committing contempt of court, and if so, what appropriate sanctions should be applied.

3. Facts of the Case:
The plaintiff/respondent, Edward Shavanji Angwe, has been in occupation and cultivation of a disputed piece of land since 1971. The defendants/applicants, Malaki Akhamwa Makomere, Gladys Chitai, and Everlyne Bwoya, claimed that the plaintiff violated a court order that mandated the maintenance of the status quo regarding the land in dispute. The order was issued on 9th May 2019, while the plaintiff was residing on the land, and the defendants were cultivating their respective portions. On 28th December 2019, the plaintiff allegedly cultivated the land belonging to the defendants, prompting them to seek punishment for contempt of court.

4. Procedural History:
The application for contempt was filed by the defendants on 12th February 2020 under Order 40, Rules 3 & 4 of the Civil Procedure Rules. They sought to have the plaintiff punished for disobeying the court order. The court considered the submissions from both parties, with the defendants arguing that the plaintiff had violated the order and the plaintiff asserting that he was the rightful occupant of the land. The court ultimately decided that the matter required a full hearing to determine the facts.

5. Analysis:
- Rules: The court referred to Order 40 of the Civil Procedure Rules, which governs injunctions and the maintenance of the status quo in civil proceedings. The specific rule concerning contempt of court was invoked to address the alleged disobedience of the court's order.
- Case Law: The court did not explicitly cite previous cases in the ruling, but it implied reliance on principles established in prior contempt cases, which typically emphasize the necessity of clear evidence of contempt and the importance of maintaining the rule of law.
- Application: The court assessed the claims of both parties. It noted that the plaintiff's assertion of continuous occupation since 1971 was countered by the defendants' claim of violation of the status quo order. The court concluded that the issue was one of conflicting testimonies that could not be resolved without a full hearing. Consequently, the application for contempt was dismissed, and costs were ordered to be in the cause.

6. Conclusion:
The court dismissed the defendants' application for contempt against the plaintiff, determining that the case required further hearing to ascertain the facts. The ruling underscored the need for clear evidence in contempt proceedings and reaffirmed the judicial process's role in resolving disputes.

7. Dissent:
There were no dissenting opinions noted in the ruling, as it was a singular decision by Judge N.A. Matheka.

8. Summary:
The court ruled in favor of dismissing the application for contempt against Edward Shavanji Angwe, primarily due to the lack of clear evidence and the necessity for a full hearing to resolve the conflicting claims regarding land occupation. This case highlights the complexities involved in land disputes and the judicial system's commitment to ensuring a fair hearing for all parties involved.

Document Summary

Below is the summary preview of this document.

  • Edward-Shavanji-Angwe-v-Malaki-Akhamwa-Makomere--2-others-[2020]-eKLR_2488_0.jpg

This is the end of the summary preview.

Related Documents

View all summaries