David Njogu t/a Njogu & Co. Advocates v Town Clerk,City Council of Nairobi [2005] KEHC 2562 (KLR)
- Court
- High Court of Kenya
- Case number
- 2562
- Citation
- [2005] KEHC 2562 (KLR)
- Decided
- 6 June 2005
The applicant is entitled to the orders of Mandamus, but the respondent shall pay the balance of the decretal sums together with interest thereon by equal monthly installments at the rate of Kshs 200,000 from the 30th day of June 2005 until payment in full.
Facts
The plaintiff, David Njogu, sought orders of Mandamus to compel the Town Clerk, City Council of Nairobi to pay various sums of money, including interest, to the plaintiff. The respondent, the Town Clerk, proposed to pay the sums in installments of Kshs 500,000 or Kshs 300,000 per month.
Issues
- Whether the applicant is entitled to the orders of Mandamus
- Whether the respondent may be allowed to pay the sums due by way of installments
Reasoning
The court found that the applicant is entitled to the orders of Mandamus, but the respondent's proposal to pay the sums in installments was not acceptable. The court granted the orders subject to the modification that the respondent shall pay the balance in installments.
Outcome
In favor of the applicant
Orders
- The respondent shall pay the balance of the decretal sums together with interest thereon by equal monthly installments at the rate of Kshs 200,000 from the 30th day of June 2005 until payment in full.
Remedies
- Mandamus
Authorities cited
Legislation (4)
- Civil Procedure Rules
- Civil Procedure Act
- Law Reform Act
- Local Government Act
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