Kubo v Mungaro (Land Case E016 of 2025) [2025] KEELC 8207 (KLR) (27 November 2025) (Ruling)

Kenya Law

Automated Summary

Key Facts

The plaintiff, Constance Sophia S Kubo, submitted an unopposed application on 1st June 2025 under Sections 63(c) of the Civil Procedure Act, Section 3 of the Judicature Act, and Order 40 rule 3(1) Civil Procedure Rules. The application sought an arrest warrant against defendant Ali Mohamed Mungaro for alleged disobedience to court orders. The court granted the application, ordering the defendant's arrest and appearance before the Environment and Land Court at Malindi. The suit is scheduled for a mention on 12/2/2026 to set a hearing date, with costs to be determined later.

Issues

The court addressed an application for summons/warrant of arrest against the defendant, Ali Mohamed Mungaro, who is alleged to have disobeyed court orders. The application was granted under prayer no 2, requiring the defendant's arrest and appearance before the court.

Holdings

  • The court grants the unopposed application for summons/warrant of arrest against the defendant, Ali Mohamed Mungaro, under Sections 63(c) of the Civil Procedure Act and Order 40 rule 3(1) Civil Procedure Rules. The defendant is to be arrested and brought before the court by the nearest police station officer.
  • The court rules that the costs of the application shall be in the cause, and the plaintiff must comply with the rules while the suit is listed for a mention on 12/2/2026 for a hearing date.

Remedies

I hereby grant the said application in terms of prayer no 2 thereof, which seeks summons/warrant of arrest against the defendant who is said to have disobeyed court orders.

Cited Statute

  • Judicature Act
  • Civil Procedure Act
  • Civil Procedure Rules

Judge Name

Mwangi Njoroge

Passage Text

  • I hereby grant the said application in terms of prayer no 2 thereof.
  • The said Ali Mohamed Mungaro shall be arrested and brought before this court by the officer in charge of the nearest Police station or by officers under his command.
  • the plaintiff shall comply with the rules and the suit shall be listed for a mention on 12/2/2026 for issuance of a hearing date.