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Republic v Town Clerk, City Council of Nairobi ex parte Intech East African Ltd [2006] KEHC 2298 (KLR)

[2006] KEHC 2298 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2298
Citation
[2006] KEHC 2298 (KLR)
Decided
7 June 2006
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Judicial Review granted, application struck outCoramR.P.V. WENDOH
Holding

The application is fatally defective and is struck out.

Facts

Intech East African Ltd applied for a mandamus against the Town Clerk of Nairobi City Council to compel payment of a decree issued by the High Court of Kenya at Milimani Commercial Court.

Issues

  1. Whether the application is properly before the court
  2. Whether the statutory statement and verifying affidavit are in compliance with Order 53 Rule 1(2)

Reasoning

The statutory statement and verifying affidavit are not in compliance with Order 53 Rule 1(2). The application lacks evidence to support the relief sought.

Outcome

Application struck out

Orders

  • Application struck out

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Local Government Act
Cases cited (2)
  • KUNSTE HOTEL v. REP
  • COMMUNICATION COMMISSIONERS OF KENYA V. R. C.A
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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