[2013] KEHC 2147 (KLR)

[2013] KEHC 2147 (KLR)

The court found that the application for mandamus was merited as it was not opposed by the respondent. The applicant had established that the respondent was under a legal obligation to pay the decretal sum, certified costs, and accrued interest as per the judgment in Milimani PMCC No. 5272 of 2004. In the absence of...

Source-derived case information.

Citation
[2013] KEHC 2147 (KLR)
Parties
Applicant: Jared Onyango Ominde; Respondent: City Council of Nairobi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Judicial Review Miscellaneous Application 48 of 2012
Procedural Posture
Judicial Review Application / Judgment
Outcome
Application allowed. Order of mandamus granted.
Judges
DAS Majanja
Legal Topics
Mandamus, Public Body Liability, Enforcement of Judgment
Source Language
en
Administrative Law Mandamus Public Body Liability Enforcement of Judgment

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jared Onyango Ominde

Applicant

City Council of Nairobi

Respondent

Procedural Posture

Judicial Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to an order of mandamus compelling the respondent to pay the decretal sum and certified costs arising from a previous judgment.
  2. 2 Whether the respondent has opposed the application for mandamus.

Ratio Decidendi

The court found that the application for mandamus was merited as it was not opposed by the respondent. The applicant had established that the respondent was under a legal obligation to pay the decretal sum, certified costs, and accrued interest as per the judgment in Milimani PMCC No. 5272 of 2004. In the absence of opposition and given the clear statutory duty, the court issued an order of mandamus compelling the respondent or its successor to pay the sums due, together with interest until payment in full.

Court Disposition

Application allowed. Order of mandamus granted.

Orders

  • An order of mandamus is issued against the City Council of Nairobi or its successor in law to pay the applicant Kshs.352,960 being the decretal sum and certified costs as at 8th March 2007 and accrued interest at 12% per annum until payment in full.
  • The respondent shall bear the costs of the application.