REPUBLIC v TOWN CLERK, MUNICIPAL COUNCIL OF MOMBASA EX-PARTE SHIMANZI ENTERPRISES LIMITED [2009] KEHC 1508 (KLR)
- Court
- High Court of Kenya
- Case number
- 1508
- Citation
- [2009] KEHC 1508 (KLR)
- Decided
- 16 October 2009
AI Summary
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TypeJudicial ReviewPostureApplication for Mandamus and Satisfaction of DecreeCoramOjwang, J.
Holding
The Court granted the application for mandamus and ordered the Town Clerk to pay the decretal sum and accrued interest.
Facts
The applicant, Shimanzi Enterprises Limited, obtained a judgment against the Municipal Council of Mombasa on March 12, 2008, for the sum of Kshs. 5,106,707/40. The respondent, the Town Clerk of the Municipal Council of Mombasa, has failed to pay the judgment amount and accrued interest as per the decree issued on October 17, 2008.
Issues
- Compelling the Town Clerk to pay the decretal sum and accrued interest
- Ensuring the respondent complies with the judgment and decree
Reasoning
The Court found that the respondent has failed to comply with the judgment and decree, and no other remedy exists except mandamus.
Outcome
Granted
Orders
- Ordering the Town Clerk to pay the decretal sum and accrued interest
Remedies
- Compulsory payment of the decretal sum and accrued interest
Authorities cited
Legislation (1)
- Local Government Act, Chapter 265 Laws of Kenya
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