[2014] KEHC 7092 (KLR)
The court found that the ex-parte applicant had established a clear legal right to the satisfaction of the decree issued in his favour in Milimani CMCC No. 10372 of 2003. The respondent, having failed to satisfy the judgment debt despite demand and notice and having not contested the application, left the court with...
Source-derived case information.
- Citation
- [2014] KEHC 7092 (KLR)
- Parties
- Applicant: Republic; Respondent: The Attorney General; Applicant: Samuel Ndungu Wainaina
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 366 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Mandamus
- Outcome
- Application allowed. Order of mandamus granted.
- Judges
- DAS Majanja
- Legal Topics
- Judicial Review, Mandamus Orders, Decree Enforcement, Government Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Republic
Applicant
The Attorney General
Respondent
Samuel Ndungu Wainaina
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Mandamus
Legal Issues
- 1 Whether an order of mandamus should issue to compel the respondent to satisfy a decree issued in favour of the ex-parte applicant.
- 2 Whether the respondent has failed to satisfy the judgment debt despite demand and notice.
Ratio Decidendi
The court found that the ex-parte applicant had established a clear legal right to the satisfaction of the decree issued in his favour in Milimani CMCC No. 10372 of 2003. The respondent, having failed to satisfy the judgment debt despite demand and notice and having not contested the application, left the court with no reason to deny the relief sought. The court held that an order of mandamus was warranted to compel the respondent, a public authority, to perform its statutory duty by settling the decree, including interest and costs, as required by law.
Court Disposition
Application allowed. Order of mandamus granted.
Orders
- An order of mandamus is issued directing the respondent to settle the Decree dated 2nd November 2004 arising from Milimani CMCC No. 10372 of 2003 in favour of the ex-parte applicant with costs and interest accrued until payment in full.
- The ex-parte applicant shall have costs of the application.
Full Case Text
Judgment text and source record
19 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
MISC. CIVIL APPL. NO. 366 OF 2013
BETWEEN
REPUBLIC ............…………………….………………..APPLICANT
AND
THE ATTORNEY GENERAL…………….………….RESPONDENT
EXPARTE
SAMUEL NDUNGU WAINAINA
RULING
The Notice of Motion before the Court is dated 10th December 2013 and it seeks an order of mandamus to compel the respondent to satisfy a decree issued in Milimani CMCC No. 10372 of 2003, Samuel Ndungu Wainaina v The Attorney General and BOG Kiarutura Secondary School.By a judgment of 2nd November 2013, the ex-parte applicant was awarded the sum of Ksh.350,000/= and interest thereon together with costs certified at Kshs.52,855/=
Despite demand and notice to the respondent, the judgment is yet to be satisfied. Furthermore, no replying affidavit has been filed to contest the claim. I am satisfied that on the basis of material before the Court, the application for mandamus is warranted.
The Notice of Motion dated 10th December is allowed and therefore:-
An order of mandamus be and is hereby issued directing the respondent to settle the Decree dated 2nd November 2004arising from Milimani CMCC NO. 10372 of 2003in favour of the ex-parte applicant with costs and interest accrued until payment in full.
The ex-parte applicant shall have costs of the application.
DATED and DELIVERED at NAIROBI this 18th February 2014
D.S. MAJANJA
JUDGE