Kassim Hamisi Mwachikunya v Attorney General & another [2005] KEHC 2239 (KLR)
- Court
- High Court of Kenya
- Case number
- 2239
- Citation
- [2005] KEHC 2239 (KLR)
- Decided
- 13 June 2005
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for mandamus dismissedCoramD.K. MARAGA
Holding
The application is dismissed with costs due to defects in the Notice of Motion and the intitulement of the application.
Facts
The applicant seeks an order of mandamus to compel the Permanent Secretary in the Ministry of Agriculture to pay him the decretal sum in Mombasa HCCC No. 430 of 1991. The application was filed after an earlier similar application was struck out.
Issues
- Defects in the Notice of Motion
- Wrong intitulement of the application
Reasoning
The application was supported by a statement containing the facts relied on and annexed to it, but the statement is worthless. The affidavit of Hamzaali Jiwaji, filed without leave, is also struck out. The application is dismissed due to the defects in the Notice of Motion and the intitulement of the application.
Outcome
Application dismissed
Orders
- Affidavit of Hamzaali Jiwaji struck out
- Application for mandamus dismissed
Authorities cited
Cases cited (7)
- Order 53 Rule 1 of the Civil Procedure Rules
- Order 53 Rule 4 of the Civil Procedure Rules
- Simon Waweru v Director of GTI Mombasa & Another
- Commissioner General Kenya Revenue Authority v Silvano Owaki Kisumu Civil Appeal No. 45 of 2000 (CA)
- Kariuki v County Council of Kiambu & Another
- Farmers Bus Service & Others v Transport Licensing Appeal Tribunal [1959] EA 779
- Republic v Minister for Transport & Communications & Others Ex-parte Waa Ship Garbage Collectors & Others Mombasa HCMisc.C App. No. 617 of 2003
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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