Republic v Nairobi City County & 2 others; Ex parte Allied Investments Limited [2020] KEHC 3359 (KLR)
- Court
- High Court of Kenya
- Case number
- 3359
- Citation
- [2020] KEHC 3359 (KLR)
- Decided
- 24 July 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte Application for Leave to Proceed with Judicial ReviewCoramWaki
Holding
The ex parte Applicant is granted leave to commence judicial review proceedings for mandamus.
Facts
Allied Investments Limited filed an application seeking a mandamus order compelling Nairobi City County and Capital Auctioneers to pay a judgment debt of Kshs. 132,500,000 and costs awarded in a previous case.
Issues
- Judicial Review of the Respondents' failure to pay the judgment debt
- Compliance with the Government Proceedings Act
Reasoning
The Court considers the application and finds that the ex parte Applicant has met the threshold of an arguable case, and is therefore entitled to the leave sought.
Outcome
Leave granted
Orders
- Send electronic copies of pleadings and documents to the Deputy Registrar of the Judicial Review Division
- Service of pleadings and documents by personal service and electronic mail
- File and send affidavits of service to the Deputy Registrar of the Judicial Review Division
- Put the matter on the causelist for hearing on 10th September 2020
- Send a copy of the directions to the ex parte Applicant by electronic mail by close of business on Monday, 27th July 2020
- Parties are at liberty to apply
Remedies
- Mandamus to compel the Respondents to pay the judgment debt and costs
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Government Proceedings Act
Cases cited (1)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, Mombasa HCMCA No. 384 of 1996
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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