[2013] KEHC 4423 (KLR)
The court found that the applicant had demonstrated merit in his application for leave to apply for judicial review orders. The applicant established that a consent judgment had been entered in his favour and that the respondent had failed to satisfy the judgment. The court was satisfied that the threshold for...
Source-derived case information.
- Citation
- [2013] KEHC 4423 (KLR)
- Parties
- Applicant: Ali Rashid Karungu; Respondent: Municipal Council of Mombasa (Town Clerk)
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 57 of 2012
- Procedural Posture
- Miscellaneous Application / Ruling on Leave for Judicial Review
- Outcome
- Leave to apply for judicial review orders of mandamus granted; costs awarded to applicant.
- Judges
- JV Juma
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ali Rashid Karungu
Applicant
Municipal Council of Mombasa (Town Clerk)
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Leave for Judicial Review
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for judicial review orders of mandamus against the respondent.
- 2 Whether the respondent has failed to honour a consent judgment awarding the applicant a specified sum.
Ratio Decidendi
The court found that the applicant had demonstrated merit in his application for leave to apply for judicial review orders. The applicant established that a consent judgment had been entered in his favour and that the respondent had failed to satisfy the judgment. The court was satisfied that the threshold for granting leave to seek an order of mandamus had been met, as the applicant sought to compel the respondent, a public authority, to perform its statutory duty by paying the judgment debt. Accordingly, the court granted leave in the terms sought in prayer (a) of the application and awarded costs to the applicant.
Court Disposition
Leave to apply for judicial review orders of mandamus granted; costs awarded to applicant.
Orders
- Leave is granted to the applicant to apply for an order of mandamus compelling the respondent to pay Kshs. 156,867.04 out of the revenue of the Municipal Council of Mombasa to the applicant.
- Costs of the application are awarded to the applicant.
Full Case Text
Judgment text and source record
29 paragraphs
REPUBLIC OF KENYA
High Court at Mombasa
Civil Miscellaneous Application 57 of 2012 [if !mso]> <style> v:* {behavior:url(#default#VML);} o:* {behavior:url(#default#VML);} w:* {behavior:url(#default#VML);} .shape {behavior:url(#default#VML);} </style> <![endif]
ALI RASHID KARUNGU………………….…………………...APPLICANT
VERSUS
THE TOWN CLERK MUNICIPAL COUNCIL OF ............RESPONDENT
RULING
Before court is the application brought by way of chamber summons in which the applicant ALI RASHID KARUNGU seeks the following orders as against the MUNICIPAL COUNCIL OF MOMBASA:
“THAT this Honourable court be pleased to grant leave to the applicant to apply for Judicial Review orders as follows:
(a)An order of mandamus compelling the respondent to cause to be paid a sum of Kshs. 156,867. 04 out of the revenue of the Municipal Council of Mombasa to the applicant herein.
(b)The cost of the application be provided for.”
The application is supported by the grounds which are set out in the statutory statement and the affidavit of the applicant filed in court on 28th June, 2012.
The basis of the application is the consent Judgment made by the Principal Magistrate sitting at Mombasa Law Courts awarding the applicant the sum of Kshs. 64,992. 10 plus costs. The applicant avers that this judgment has not been fully honoured by the respondent to date.
I have considered this application and I am satisfied of its merit. I do therefore grant leave in the terms of prayer (a) therefore. Costs of this application are awarded to the applicant.
Dated and delivered in Mombasa this 28th day of March, 2013.
M. ODERO
JUDGE
In the presence of:
MS. Mbuluka h/b Ms. Njuguna for Plaintiff
No appearance by Respondent
Court Clerk Mutisya
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