Republic v Town Clerk City Council of Nairobi & 2 others Ex-parte Mary Kirigo Wachira [2014] KEHC 8436 (KLR)
- Court
- High Court of Kenya
- Case number
- 8436
- Citation
- [2014] KEHC 8436 (KLR)
- Decided
- 30 October 2014
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte Application for MandamusCoramW. KORIR
Holding
An order of mandamus is issued to compel the respondents to pay the decreed amount.
Facts
The ex-parte Applicant, Mary Kirigo Wachira, was involved in a road traffic accident involving a motor vehicle registered under the City Council of Nairobi. She sued the City Council and the driver for compensation. A judgment was entered in her favor, but the Town Clerk and Treasurer have not paid the decree.
Issues
- Whether the ex-parte Applicant is entitled to an order of mandamus compelling the respondents to pay the decreed amount.
- Whether the respondents have a statutory duty to obey a court judgment.
Reasoning
The ex-parte Applicant has demonstrated that a judgment was entered against the 3rd Respondent but the 1st and 2nd respondents have refused to pay the decretal amount. The respondents have a statutory duty to obey a court judgment.
Outcome
The ex-parte Applicant is granted an order of mandamus.
Orders
- An order of mandamus is issued to compel the respondents to pay the decreed amount.
Remedies
- The respondents are condemned to meet the costs of these proceedings.
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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