EAST AFRICAN ENGINEERING CONSULTANTS v MUNICIPAL COUNCIL OF KISUMU & ANOTHER [2007] KEHC 3256 (KLR)
- Court
- High Court of Kenya
- Case number
- 3256
- Citation
- [2007] KEHC 3256 (KLR)
- Decided
- 16 March 2007
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous Civil ApplicationPostureAppeal from an order nisi issued against the Cooperative Bank of Kenya KisumuCoramMwera, Railway Corporation Where Ochieng, Warsame
Holding
The court dismissed the application and set aside the order nisi issued against the Cooperative Bank of Kenya Kisumu.
Facts
The applicant, East African Engineering Consultants, objected to an order nisi issued against the Cooperative Bank of Kenya Kisumu by the Town Clerk of Kisumu, the judgment debtor, on application.
Issues
- Whether the order nisi against the Cooperative Bank of Kenya Kisumu is valid
- Whether the court has jurisdiction to issue an order nisi against the Cooperative Bank of Kenya Kisumu
Reasoning
The court found that the order nisi is not in accordance with the Law Reform Act and that the orders are issued in the name of the Republic and in the case of mandamus order its officers are compelled to act in accordance with the law.
Outcome
The application was dismissed and the order nisi was set aside.
Orders
- Order nisi against the Cooperative Bank of Kenya Kisumu was set aside
Authorities cited
Legislation (2)
- Local Government Act Cap 255 (LUK)
- Law Reform Act
Cases cited (5)
- H.C. (KSM) 46/2005 SUSAN A. ALUOCH & OTHERS v MUNICIPAL COUNCIL OF KISUMU and The Cooperative Bank Of Kenya Ltd Kisumu
- COMPWARE LTD v MUNICIPAL COUNCIL OF KISUMU HCC 287/2000
- NATIONAL HOUSING CORPORATION v NAIROBI CITY COUNCIL v KENYA COMMERCIAL BANK HCCC 5404 1998
- W.G. WAMBUGU & COMPANY v M.D. KENYA RAILWAYS CORPORATION HCC 804/01
- TOTAL (KENYA LTD) v KENYA RAILWAY COPORATION WHERE Ochieng J
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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