REPUBLIC V TOWN CLERK CITY COUNCIL OF NAIROBI EX-PARTE MWANGANGI & COMPANY ADVOCATES [2012] KEHC 1380 (KLR)
- Court
- High Court of Kenya
- Case number
- 1380
- Citation
- [2012] KEHC 1380 (KLR)
- Decided
- 25 October 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for MandamusCoramW.K. KORIR
Holding
The application is allowed with costs to the ex-parte applicants.
Facts
The ex-parte applicants, Mwangangi and Company Advocates, provided legal services to the respondent, the Town Clerk of the City Council of Nairobi, in two cases. The respondent failed to pay for the services and the ex-parte applicants subsequently filed for recovery of the costs in the Nairobi High Court. The respondent did not respond to the court papers.
Issues
- Whether the ex-parte applicants are entitled to the orders sought.
- Whether the Town Clerk of the City Council of Nairobi is under a legal duty to pay the decreed amount.
Reasoning
The ex-parte applicants demonstrated that they rendered legal services to the respondent who failed to pay for the same. The respondent is enjoined by statute to pay the amount awarded to the ex-parte applicants by the court.
Outcome
Allowed
Orders
- An order of mandamus to compel the Town Clerk of the City Council of Nairobi to pay the ex-parte applicants the sum of Kshs.405,203.69 together with interest at the rate of 9% per annum from 29-6-2010 until payment in full.
Remedies
- Costs to the ex-parte applicants.
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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