[2001] KEHC 110 (KLR)
The court found that the application for leave to apply for an order of mandamus was not ripe for hearing because there was no evidence that it had been served upon the Registrar of the High Court as required by Order LIII Rule 1(3) of the Civil Procedure Rules. The court therefore ordered that the application be...
Source-derived case information.
- Citation
- [2001] KEHC 110 (KLR)
- Parties
- Applicant: Daniel Mwanzia Munguti; Respondent: Permanent Secretary, Office of the President
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 1293 of 2001
- Procedural Posture
- Miscellaneous Application / Application for Leave to Apply for Order of Mandamus
- Outcome
- Application not ripe for hearing; applicant ordered to serve the application upon the Registrar of the High Court.
- Legal Topics
- Judicial Review, Mandamus Applications, Service of Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Daniel Mwanzia Munguti
Applicant
Permanent Secretary, Office of the President
Respondent
Procedural Posture
Miscellaneous Application / Application for Leave to Apply for Order of Mandamus
Legal Issues
- 1 Whether the application for leave to apply for an order of mandamus is properly before the court without service upon the Registrar of the High Court as required by law.
Ratio Decidendi
The court found that the application for leave to apply for an order of mandamus was not ripe for hearing because there was no evidence that it had been served upon the Registrar of the High Court as required by Order LIII Rule 1(3) of the Civil Procedure Rules. The court therefore ordered that the application be served upon the Registrar before it could proceed further.
Court Disposition
Application not ripe for hearing; applicant ordered to serve the application upon the Registrar of the High Court.
Orders
- The application to be served upon the Registrar of the High Court as required by law.
- The applicant to move the court appropriately after service has been effected.
Full Case Text
Judgment text and source record
7 paragraphs
REPUBLIC OF KENYA
HIGH COURT OF KENYA AT NAIROBIMISCELLANEOUS CIVIL APPLICATION NO. 1293 OF 2001
DANIEL MWANZIA MUNGUTI……………………………APPLICANT V E R S U S PERMANENT SECRETARY OFFICE OF THE PRESIDENT………………………….RESPONDENT R U L I N G
By an application dated the 1st day of November, 2001 the applicant one DANIEL MWANZIA MUNGUTI seeks leave to apply for an order of mandamus.
The application is supported by the annexed statement of the applicant aforesaid dated 1st day of November, 2001 and a verifying affidavit sworn on the said date. There is no evidence that the application has been served upon the Registrar of the High Court in terms of the provisions of order LIII Rule 1(3) of the Civil Procedure Rules.
In the disclosed circumstances the application is not ripe for hearing and I therefore order that the same be served upon the Registrar of the High Court as by law provided. The applicant to move the Court appropriately as and when service has been effected. Costs in the cause.
DATED and DELIVERED at NAIROBI this 15th day of November 2001 N.R.O. OMBIJA JUDGE