Republic v Secretary, County Government of Kisumu & another; Mwamu (Exparte) (Judicial Review E041 of 2023) [2024] KEELRC 601 (KLR) (13 March 2024) (Judgment)
- Court
- Employment & Labour Relations Court
- Case number
- 601
- Citation
- [2024] KEELRC 601 (KLR)
- Decided
- 13 March 2024
Summary at a glance
TypeJudicial ReviewPostureAppeal from an original trialCoramRADIDO
The Motion is struck out with no order on costs, as the ex-parte applicant did not comply with the requirements of Order 53 Rule 1(2) of the Civil Procedure Act.
Facts
The ex-parte applicant, James Aggrey Mwamu, was awarded Kshs 1,470,000/- in Cause No. 30 of 2020. A Certicate of Order was issued on 1 February 2023, and a Certicate of Costs was issued on 11 April 2023. The ex-parte applicant now seeks an order of mandamus.
Issues
- Whether the ex-parte applicant complied with the requirements of Order 53 Rule 1(2) of the Civil Procedure Act.
- Whether the Respondents should be compelled to settle the decretal sum and costs.
Reasoning
The ex-parte applicant failed to file a Statutory Statement as required by Order 53 Rule 1(2) of the Civil Procedure Act, and the Respondents did not participate in the proceedings.
Outcome
The Motion is struck out with no order on costs.
Orders
- The Motion dated is struck out with no order on costs.
Authorities cited
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