[2010] KEHC 215 (KLR)
The court found that the applicant had demonstrated, through annexed judgment and decree, that it held an unsatisfied decree against the respondent. The respondent failed to file any substantive response or evidence to the contrary. The court held that the applicant was entitled to an order of mandamus compelling...
Source-derived case information.
- Citation
- [2010] KEHC 215 (KLR)
- Parties
- Applicant: Hotel Le-Rhino Limited; Respondent: Permanent Secretary in the Ministry of Medical Health
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 41 of 2009
- Procedural Posture
- Judicial Review / Judgment
- Outcome
- application granted
- Judges
- RPV Wendoh
- Legal Topics
- Judgment Enforcement, Judicial Review Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hotel Le-Rhino Limited
Applicant
Permanent Secretary in the Ministry of Medical Health
Respondent
Procedural Posture
Judicial Review / Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order compelling the respondent to satisfy the judgment debt as per the decree in CMCC No. 2710/03.
- 2 Whether the respondent has provided any valid legal basis to resist enforcement of the decree.
Ratio Decidendi
The court found that the applicant had demonstrated, through annexed judgment and decree, that it held an unsatisfied decree against the respondent. The respondent failed to file any substantive response or evidence to the contrary. The court held that the applicant was entitled to an order of mandamus compelling the respondent to satisfy the judgment debt, as there was no legal justification for non-payment. The application was therefore granted as prayed, with costs to the applicant.
Court Disposition
application granted
Orders
- An order of mandamus is issued compelling the respondent to pay Kshs.365,095 to the applicant as per the decree in CMCC No. 2710/03.
- The respondent shall pay the costs of this application to the applicant.
Full Case Text
Judgment text and source record
12 paragraphs
IN THE HIGH COURT OF KENYA
AT NAKURU
JUDICIAL REVIEW NO. 41 OF 2009
HOTEL LE-RHINO LIMITED...............................APPLICANT
VERSUS
PERMANENT SECRETARY IN THE
MINISTRY OF MEDICAL HEALTH...............RESPONDENT
JUDGMENT
Hotel Le-Rhino Ltd obtained judgment for Kshs.365,095/- against the Honourable the Attorney General on 17/8/05 in CMCC No. 2710/03 as evidenced on the judgment and decree, JKK1 AND 2, annexed to the affidavit of Joseph Kamau Kibuku, the Managing Director of the applicant. Despite demand, the defendant has not paid the said sums. The applicant then filed this Judicial Review application, Notice of Motion dated 12/5/2009, seeking to have the respondent compelled to pay the said sums. The respondent did not file a replying affidavit but filed grounds of opposition on 9/3/09 to the effect that the application is an abuse of the court process, incompetent and defective. No submissions were filed in support thereof. Despite the fact that the hearing notice had been served, there was no appearance at the hearing. From the annextures filed with the verifying affidavit, and the statutory statement, this court is satisfied that the applicant has demonstrated that it has a decree against the respondent. There is no evidence that the same has been satisfied and I do grant the application in terms of prayer 1 of the Notice of Motion dated 12/8/2009 plus costs.
DATED and DELIVERED this 16th day of November, 2010.
R.P.V. WENDOH
JUDGE