ARTHUR KINUTHIA ALBERT v PERMANENT SECRETARY MINISTRY OF HEALTH [2008] KEHC 3830 (KLR)

Facts

The Applicant filed MCCC 773/03 at Milimani Court and judgment was entered on 26th July 2004 for Kshs.1,095,408. The Respondent paid the sum to the Applicant in September 2006. The Applicant sought an order of mandamus to compel the Respondent to pay the decretal sum, costs, and interest awarded by the court in CMCC No. 773/03.

Issues

1. Whether the court can direct the payment of interest not prayed for in the plaint.
2. Whether the court can determine the amount of interest due to the applicant.

Reasoning

The judgment in CMCC 773/03 did not provide for payment of interest, and the decree drawn includes interest at 12% per annum, which is foreign to the judgment. The court's jurisdiction is limited to compelling the Respondent to pay based on the judgment, decree, and certificate of order.

Outcome

The court dismisses the prayer on interest and orders the Respondent to pay the Applicant's costs of the Notice of Motion.

Authorities cited