Republic v Commissioner of Lands as Trustee for Various Government Ministries through Attorney General Ex-Parte City Council of Nairobi [2013] KEHC 6527 (KLR)
- Court
- High Court of Kenya
- Case number
- 6527
- Citation
- [2013] KEHC 6527 (KLR)
- Decided
- 30 August 2013
The ex-parte applicant's application for an order of mandamus is dismissed as the City Council has not provided a court record demonstrating the existence of a decree.
Facts
The City Council of Nairobi sued the Commissioner of Lands and the Attorney General in City Court RMCC No. 2 of 2003 for contributions in lieu of rates between 1992 and 2002. The Attorney General filed a counterclaim for Kshs. 13,299,051,074. The City Council filed a reply and a preliminary objection against the counterclaim, which was dismissed. The City Council then assessed costs amounting to Ksh 332,543.958.
Issues
- Whether the subordinate court set aside a decree that the City Council seeks to enforce.
- Whether the ex-parte applicant has a right to enforce a decree based on a court record.
Reasoning
The court cannot resolve the dispute without a court record, and the ex-parte applicant has not provided one. The duty to satisfy a decree is based on a clear and unequivocal court record.
Outcome
The Notice of Motion dated 8th August 2012 is dismissed.
Authorities cited
Cases cited (1)
- Kenya National Examinations Council v Republic ex-parte Gathenji and Others CA Civil Appeal No.266 of 1996 [1997]eKLR
Loading judgment…