[2016] KEHC 7397 (KLR)
The court found that the applicant had obtained a Certificate of Taxation for Kshs.301,136/=, served it upon the 2nd respondent (City Council of Nairobi), and that the 2nd respondent had failed to pay the amount. The court held that the conditions for the grant of an order of mandamus were satisfied: the applicant...
Source-derived case information.
- Citation
- [2016] KEHC 7397 (KLR)
- Parties
- Applicant: Republic; Respondent: Justus Wainaina Njuguna; Respondent: City Council of Nairobi; Respondent: Chief Lands Registrar; Applicant: Eva Gaitha Miringu (Alias Evangeline Micere Gaitha)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 315 of 2013
- Procedural Posture
- Judicial Review Application / Judgment
- Outcome
- Application allowed. Order of mandamus granted as prayed.
- Legal Topics
- Mandamus, Enforcement of Judgments, Public Authority Duties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Justus Wainaina Njuguna
Respondent
City Council of Nairobi
Respondent
Chief Lands Registrar
Respondent
Eva Gaitha Miringu (Alias Evangeline Micere Gaitha)
Applicant
Procedural Posture
Judicial Review Application / Judgment
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus compelling the 2nd respondent to pay the taxed costs as per the Certificate of Taxation.
- 2 Whether the statutory conditions for the grant of mandamus have been satisfied.
Ratio Decidendi
The court found that the applicant had obtained a Certificate of Taxation for Kshs.301,136/=, served it upon the 2nd respondent (City Council of Nairobi), and that the 2nd respondent had failed to pay the amount. The court held that the conditions for the grant of an order of mandamus were satisfied: the applicant had a clear legal right to payment of the taxed costs, the 2nd respondent had a statutory duty to pay, and had failed to do so despite demand. There being no opposition to the application, the court granted the order of mandamus as prayed, compelling the 2nd respondent to pay the taxed costs and awarding the applicant costs of the proceedings.
Court Disposition
Application allowed. Order of mandamus granted as prayed.
Orders
- An order of mandamus is issued compelling the 2nd respondent to pay Kshs.301,136/= to the applicant as per the Certificate of Taxation.
- The applicant is awarded the costs of these proceedings against the 2nd respondent.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JR CASE NO. 315 OF 2013
REPUBLIC…………………………………………...........……..APPLICANT
VERSUS
JUSTUS WAINAINA NJUGUNA…………………..……1ST RESPONDENT
CITY COUNCIL OF NAIROBI…………...........................2ND RESPONDENT
CHIEF LANDS REGISTRAR.............................................3RD RESPONDENT
EX-PARTE
EVA GAITHA MIRINGU
(Alias EVANGELINE MICERE GAITHA)
JUDGEMENT
1. Through the Notice of Motion application dated 2nd October, 2013, the ex parte Applicant, Eva Gaitha Miringu alias Evangeline Micere Gaitha prays for an order of mandamus compelling the 2nd Respondent to make payment of the sum of Kshs.301,136/= in satisfaction of the Certificate of Taxation issued in Nairobi ELC No. 1371 of 2007, Eva Gaitha Miringu (alias Evangeline Micere Gaitha) v Justus Wainaina Njuguna and 2 others. The ex parte Applicant has named Justus Wainaina Njuguna, City Council of Nairobi and the Chief Lands Registrar as the 1st, 2nd and 3rd respondents respectively.
2. In brief, the ex parte Applicant’s case is that she successfully sued the respondents herein in Nairobi ELC No. 1371 of 2007for ownership and possession of all the property known as Jamhuri Phase II, Plot No. 93 currently known as Jamhuri Phase II, Plot 62/623. She was also awarded costs of the suit.
3. Thereafter she filed party and party bill of costs against the 1st and 2nd respondents which was taxed at Kshs.301,136/= as per the Court’s ruling delivered on 27th June, 2012. According to the ex parte Applicant, a Certificate of Taxation subsequently issued by the Deputy Registrar was forwarded to the 2nd Respondent. However, the 2nd Respondent has failed to pay the amount indicated in the Certificate of Taxation thus necessitating these proceedings.
4. The application is not opposed by any of the respondents.
5. An order of mandamus is issued to compel the performance of a statutory duty owed to an applicant by a public officer or authority where the public officer or authority has, despite demand, refused to perform the duty-see Shah v Attorney General (No. 3) Kampala HCMC No. 31 of 1969, [1970] EA 543.
6. The ex parte Applicant herein has averred that she served the Certificate of Taxation upon the 2nd Respondent but there has been no payment.
7. The conditions for grant of an order of mandamus are thus satisfied. An order of mandamus will therefore issue as prayed in the Notice of Motion dated 2nd October, 2013. The ex parte Applicant will also have the costs of these proceedings from the 2nd Respondent.
Dated, signed and delivered at Nairobi this 16th day of Feb., 2016
W. KORIR,
JUDGE OF THE HIGH COURT