[2014] KEHC 6179 (KLR)
The court found that the applicant was entitled to an order of mandamus to compel the Town Clerk, Narok County Council, to satisfy the judgment in Nakuru CMCC No. 2360 of 2004, as the respondent had not opposed the application and the debt was due. However, the court exercised its discretion to limit the accrual of...
Source-derived case information.
- Citation
- [2014] KEHC 6179 (KLR)
- Parties
- Applicant: Republic; Respondent: Town Clerk of County Council of Narok; Applicant: Bawani Stores Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 484 of 2007
- Procedural Posture
- Miscellaneous Application / Judgment
- Outcome
- Order of mandamus granted with limited interest and costs.
- Judges
- DAS Majanja
- Legal Topics
- Judicial Review, Mandamus Orders, Enforcement of Judgments, Public Authority 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
Town Clerk of County Council of Narok
Respondent
Bawani Stores Limited
Applicant
Procedural Posture
Miscellaneous Application / Judgment
Legal Issues
- 1 Whether an order of mandamus should issue to compel the Town Clerk, Narok County Council, to satisfy the judgment in Nakuru CMCC No. 2360 of 2004.
- 2 Whether interest should accrue on the judgment sum given the applicant's delay in prosecuting the claim.
Ratio Decidendi
The court found that the applicant was entitled to an order of mandamus to compel the Town Clerk, Narok County Council, to satisfy the judgment in Nakuru CMCC No. 2360 of 2004, as the respondent had not opposed the application and the debt was due. However, the court exercised its discretion to limit the accrual of interest to three years from the date of filing the Notice of Motion, due to the applicant's delay in prosecuting the claim. Costs were assessed at Kshs 50,000, taking into account the circumstances of the case.
Court Disposition
Order of mandamus granted with limited interest and costs.
Orders
- An order of mandamus is issued against the Narok County to satisfy the judgment arising from Nakuru CMCC No. 2360 of 2004.
- Interest on the judgment sum shall accrue for a period of three years only from 10th July 2008.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
MISC. APPL. NO. 484 OF 2007
BETWEEN
REPUBLIC ……………………………..…APPLICANT
AND
TOWN CLERK OF
COUNTY COUNCIL OF NAROK….……RESPONDENT
EXPARTE
BAWANI STORES LIMITED
JUDGMENT
The Notice of Motion dated 4th July 2008 seeks orders of mandamus to compel the Town Clerk, Narok County Council to satisfy the terms of the judgment in Nakuru Chief Magistrate’s Court Case No. 2360 of 2004 (Bawani Stores Limited v Narok County Council). By a judgment dated 28th November 2006, the applicant was awarded Kshs 592,122. 10 together with interest at court rates. The costs were assessed at Kshs 75,402. 00.
Despite notice and service of the application herein, the respondent has failed refused and or neglected to oppose it. On the basis of the supporting affidavit of Bipin Shah sworn on 4th July 2008, I am satisfied that the claim is due.
I however, note that the ex-parte applicant has been tardy in prosecuting the claim and has had the application dismissed for want of prosecution before hence, the respondent should not be punished by an award of interest. Interest on the decree thereon shall only accrue for a period of three years from the date of filing the Notice of Motion that is from 10th July 2008.
Costs in the matter are assessed at Kshs.50,000/= all inclusive.
The final orders are therefore as follows;
An order of mandamus be and is hereby issued against the Narok County to satisfy the judgment arising from Nakuru CMCC No. 2360 of 2004.
Interest thereon shall accrue for a period of three years only from the date of filing the motion that is from 10th July 2008.
Costs of the application are assessed at Kshs.50,000/= only.
DATED and DELIVERED at NAIROBI this 31st day of March 2014.
D.S. MAJANJA
JUDGE