[2005] KEHC 972 (KLR)
The court found that the applicant had established her entitlement to an order of mandamus, as the respondents had failed to pay the decretal sum and costs awarded in Nakuru CMCC No. 1090 of 2004, despite judgment having been entered and service of the application. The application was unopposed, and the court was...
Source-derived case information.
- Citation
- [2005] KEHC 972 (KLR)
- Parties
- Applicant: Republic; Respondent: Town Clerk; Respondent: Municipal Council of Nakuru
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- ? 109 of 2005
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Mandamus
- Outcome
- application allowed
- Legal Topics
- Judicial Review, Mandamus, Enforcement of Judgment, Decretal Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Town Clerk
Respondent
Municipal Council of Nakuru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Mandamus
Legal Issues
- 1 Whether the applicant is entitled to an order of mandamus to compel the respondents to pay the decretal sum and costs as awarded in Nakuru CMCC No. 1090 of 2004.
- 2 Whether the respondents have failed or refused to satisfy the judgment debt despite service of the application.
Ratio Decidendi
The court found that the applicant had established her entitlement to an order of mandamus, as the respondents had failed to pay the decretal sum and costs awarded in Nakuru CMCC No. 1090 of 2004, despite judgment having been entered and service of the application. The application was unopposed, and the court was satisfied that the requirements for the grant of mandamus had been met. Accordingly, the court granted the orders as prayed, compelling the respondents to pay the decretal sum, interest, and costs.
Court Disposition
application allowed
Orders
- An order of mandamus is issued compelling the respondents to pay the applicant Kshs.280,762 plus interest and costs as awarded in Nakuru CMCC No. 1090 of 2004.
- The respondents shall bear the costs of this application.
Full Case Text
Judgment text and source record
12 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYAAT NAKURUMisc Civ Suit 109 of 2005
REPUBLIC…………………………………………………...………….APPLICANT
VERSUS
TOWN CLERK……………….………………………………….1ST RESPONDENT
MUNICIPAL COUNCIL OF NAKURU………………………2ND RESPONDENT
RULING
The exparte applicant filed an application for mandamus by way of a notice of motion under the provisions of Order LIII Rule 3 of the Civil Procedure Rules seeking orders to compel the respondent to pay her Kshs.280,762/- plus interest and costs being the decretal sum and costs in Nakuru CMCC No. 1090 of 2004. The judgment in the aforesaid suit was entered against the respondent but the respondent had refused and/or failed to pay the same.
The said application was not opposed by the respondent, having been served with the same. I have perused the documents on record and I am satisfied that the said application has merit and has been sufficiently proved and consequently I grant the orders as prayed therein. The respondent shall also bear the costs of the application.
DATED, SIGNED AND DELIVERED at Nakuru this 9th day of December, 2005.
D. MUSINGA JUDGE 9/12/2005
Ruling delivered in open court in the presence of Mr. Githui for the applicant. D. MUSINGA JUDGE 9/12/2005