[2020] KEHC 1300 (KLR)
The court found that the applicant was entitled to an order of mandamus compelling the respondents to pay the decretal sum and costs awarded in Siaya PMCC No. 16/2004. This was based on the consent of both parties and the statutory obligation of public bodies to satisfy court judgments. The court further ordered...
Source-derived case information.
- Citation
- [2020] KEHC 1300 (KLR)
- Parties
- Applicant: Desh General Traders Ltd; Respondent: County Secretary, The County Government of Siaya; Respondent: The County Government of Siaya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 2 of 2020
- Procedural Posture
- Judicial Review / Ruling
- Outcome
- judgment entered by consent in favour of applicant; order of mandamus issued; costs to be borne by each party; stay of execution for 60 days; matter concluded save for enforcement.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Mandamus Orders, Public Body Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Desh General Traders Ltd
Applicant
County Secretary, The County Government of Siaya
Respondent
The County Government of Siaya
Respondent
Procedural Posture
Judicial Review / Ruling
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondents to pay the decretal sum and costs awarded in Siaya PMCC No. 16/2004.
- 2 Whether the respondents are jointly and severally liable to satisfy the judgment debt.
Ratio Decidendi
The court found that the applicant was entitled to an order of mandamus compelling the respondents to pay the decretal sum and costs awarded in Siaya PMCC No. 16/2004. This was based on the consent of both parties and the statutory obligation of public bodies to satisfy court judgments. The court further ordered that costs of the application be borne by each party and granted a stay of execution for 60 days. The matter was concluded save for enforcement of the orders.
Court Disposition
judgment entered by consent in favour of applicant; order of mandamus issued; costs to be borne by each party; stay of execution for 60 days; matter concluded save for enforcement.
Orders
- An order of mandamus is issued compelling the respondents to pay the decretal sum and costs awarded on 24/7/2008 in Siaya PMCC No. 16/2004.
- Costs of the application to be borne by each party.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
JUDICIAL REVIEW 2 OF 2020
(CORAM: HON. R.E. ABURILI J)
DESH GENERAL TRADERS LTD...............................................................................APPLICANT
VERSUS
COUNTY SECRETARY, THE COUNTY GOVERNMENT OF SIAYA.......1ST RESPONDENT
THE COUNTY GOVERNMENT OF SIAYA..................................................2ND RESPONDENT
RULING
1. . By consent between the Exparte Applicants counsel and the Respondent’s counsel, judgment be and is hereby entered in favour of the Exparte applicant against the Respondent in the following terms:
“An order of Mandamus is hereby issued compelling the Respondents’ County Secretary and the County Government of Siaya jointly and severally to pay to the applicant the decretal sum and costs awarded on 24/7/2008 in Siaya PMCC No. 16/2004.
[2] Costs of the application to be borne by each party. [3] There is stay of Execution/enforcement for 60 days of the date hereof. [4] This matter is accordingly concluded save for enforcement.
2. Orders accordingly.
Dated, signed and delivered at Siaya this 17th Day of November 2020
R.E. ABURILI
JUDGE