BY SAM ALFAN.
Kericho Court to sentence businessman who had failed to comply with an order directing him to vacate a parcel of land in Sotik town.
Environment and Land Court ordered Mukesh Kumar Kanthilal Patel to appear in court for sentencing after he was found guilty of disobeying a court order directing him to vacate a property in Sotik town
High court judge Mary Oundo said it was evident to the court that Kumar was frustrating Charles Langat who is former Kenya Commercial Bank employee by refusing to leave the said land.
“To protect the dignity and authority of the court of law, this court, shall be firm on any person who deliberately disobeys court orders or attempts to scuttle the court process.” I therefore find the respondent herein (Mukesh Kumar Kanthilal Patel) in contempt of court orders. He shall be brought before this court for sentencing. In the event he does not bring himself, a warrant of arrest shall issue”, ruled the judge.
The trader had made every effort to block police including mobilizing youth to prevent access to the contested land.
“Langat has demonstrated a clear picture of Kumar’s high-handedness in complying with the Court of Appeal orders, where he has engaged in tactics that were meant to frustrate Langat by ensuring that he is unfairly and without justification denied his fruits of his judgment “, observed Justice Oundo.
Langat and Patel were fighting over the property in Bomet town since 2017. the former banker, said he purchased the property from the lender through an auction.
He said he was not able to pay the full amount but he was loaned by a Shigali who was then the branch manager, Sotik Branch successfully and paid Sh1.75 million to acquire the property. Shigali, he said, helped him pay Sh1.1 million.
Langat said he later refunded Shigali his money and completed paying KCB in July 2011. He obtained a title deed in 2014.
Patel on his part said he was in possession of the property since 2001, saying he bought it from Shigali in 2009.
He said he had constructed an additional three bedroomed house on the property and had enjoyed quiet possession and exclusive use of the same until 2012, when the Langat claimed to be the owner and started demanding rent from him.
The High Court had cancelled Langat’s title deed and said Patel’s was the genuine one but the former moved to the Court of Appeal and managed to overturn the decision.
