Republic v Receiver Manager, Imperial Bank Limited (In Receivership) Exparte Atul R. Shah [2019] KEHC 10909 (KLR)

Facts

Atul R. Shah is a fixed deposit accounts holder with Imperial Bank Limited (In Receivership). He seeks orders compelling the Receiver Manager to make payments from the sums held in his fixed accounts.

Issues

1. whether the ex parte applicant has established any grounds for this court to grant the orders of Mandamus sought
2. whether the Respondent's refusal to pay the ex parte applicant is ultra vires its statutory mandate

Reasoning

The ex parte applicant's advocates argued that the Respondent acted ultra vires section 50 of the Kenya Deposit Insurance Act by refusing to pay the ex parte applicant, who was a guarantor for an overdraft facility. The Respondent's counsel argued that Mandamus lies when officials have a public duty to perform.

Outcome

The ex parte applicant's application for orders of Mandamus was dismissed.

Authorities cited