Republic v Commissioner of Lands & 5 others Ex-Parte Joyce Nyokabi (Administrator of David Kamau Mwangi) & another [2017] KEHC 4884 (KLR)
- Court
- High Court of Kenya
- Case number
- 4884
- Citation
- [2017] KEHC 4884 (KLR)
- Decided
- 29 June 2017
An order of mandamus will issue directing the 1st Respondent to settle the decree issued on 17th November, 2015 by the Malindi Environment and Land Court in Malindi in Civil Case No. 120 of 2011.
Facts
The 1st ex-parte Applicant, Joyce Nyokabi and the 2nd ex-parte Applicant, Timothy Chege hold a decree in Malindi ELC No. 120 of 2011. They allege that the Commissioner of Lands and other respondents have failed to pay the decretal amount despite service of the decree.
Issues
- Whether the respondents have failed to pay the decretal amount
- Whether an order of mandamus should be granted
Reasoning
The ex-parte applicants have established that they have a decree directing the 1st Respondent to pay them the amount indicated in the said decree, and that the 1st Respondent has a duty to discharge the said decree but has failed to do so.
Outcome
The 1st Respondent will settle the decree issued on 17th November, 2015 by the Malindi Environment and Land Court in Malindi in Civil Case No. 120 of 2011.
Orders
- An order of mandamus directing the 1st Respondent to settle the decree issued on 17th November, 2015 by the Malindi Environment and Land Court in Malindi in Civil Case No. 120 of 2011
Remedies
- The ex-parte applicants will have the costs of the proceedings from the 1st Respondent
Authorities cited
Legislation (2)
- Law Reform Act Cap 26 Laws of Kenya
- Order 53 Civil Procedure Rules
Cases cited (1)
- Kenya National Examination Council v Republic Ex-parte Geoffrey Gathinji Njoroge & 9 Others [1997] eKLR
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