[2007] KEHC 2831 (KLR)

[2007] KEHC 2831 (KLR)

The court found that the applicant had obtained a valid judgment and certificate of costs against the respondent, and that the respondent, a public authority, had failed to pay the decretal sum despite being duly served with the application and hearing notice. The respondent did not oppose the application. The court...

Source-derived case information.

Citation
[2007] KEHC 2831 (KLR)
Parties
Applicant: Charles Malenya; Respondent: Nairobi City Council
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
? 540 of 2006
Procedural Posture
Miscellaneous Application / Judgment
Outcome
application granted
Legal Topics
Mandamus Orders, Enforcement of Judgments, Public Body Liability
Source Language
en
Civil Procedure Mandamus Orders Enforcement of Judgments Public Body Liability

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Parties

Charles Malenya

Applicant

Nairobi City Council

Respondent

Procedural Posture

Miscellaneous Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to an order of mandamus compelling the respondent to pay the decretal sum as per the judgment and certificate of costs.
  2. 2 Whether the respondent, having been served and not defended the application, should be compelled to pay.

Ratio Decidendi

The court found that the applicant had obtained a valid judgment and certificate of costs against the respondent, and that the respondent, a public authority, had failed to pay the decretal sum despite being duly served with the application and hearing notice. The respondent did not oppose the application. The court held that in such circumstances, an order of mandamus is appropriate to compel the respondent to fulfill its statutory duty to pay the judgment debt. The court therefore granted the orders sought in prayers 1 and 2 of the Notice of Motion, with costs to the applicant.

Court Disposition

application granted

Orders

  • Order of mandamus issued compelling the respondent to pay the decretal sum of Kshs.699,557 to the applicant.
  • Costs of the application awarded to the applicant.