Republic v County Government of Nairobi & 2 others Ex-Parte Kingpost Limited [2021] KEELC 1084 (KLR)
- Court
- Environment & Land Court
- Case number
- 1084
- Citation
- [2021] KEELC 1084 (KLR)
- Decided
- 11 November 2021
A writ of Mandamus against the County Government of Nairobi and the County Executive Committee Member for Finance-Nairobi County compelling them forthwith to satisfy the decree of this court in ELC No. 506 of 2008 (also Thika ELC No. 35 of 2017) is hereby issued.
Facts
The Ex-parte Applicant (Kingpost Limited) filed a suit (ELC No. 506 of 2008) against the County Government of Nairobi and the County Executive Committee Member for Finance. The court found in favor of the Ex-parte Applicant with respect to the demanded decretal amount and costs.
Issues
- Whether the Respondents are proper parties in these proceedings and if so, whether the orders sought against them are available to the Ex-parte Applicant?
Reasoning
The court found that since the Ex-parte Applicant has Judgment in its favor with respect to the demanded decretal amount and costs, and the procedure stated in section 21 of the Government Proceedings Act having been followed, there is a duty upon the 1st and 2nd Respondent to pay the debt.
Outcome
The Ex-parte Applicant's Notice of Motion dated 29th October 2020 is partially successful.
Orders
- A writ of Mandamus against the County Government of Nairobi and the County Executive Committee Member for Finance-Nairobi County compelling them forthwith to satisfy the decree of this court in ELC No. 506 of 2008 (also Thika ELC No. 35 of 2017) is hereby issued.
- The Ex-parte Applicant will have the costs of this application.
Remedies
- A writ of Mandamus
Authorities cited
Legislation (3)
- Government Proceedings Act
- ELC No. 506 of 2008
- ELC No. 35 of 2017
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