CHARLES MALENYA v NAIROBI CITY COUNCIL [2007] KEHC 2831 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (NAIROBI LAW COURTS)

Misc Appli 540 of 2006

CHARLES MALENYA………………………...…APPLICANT

Versus

NAIROBI CITY COUNCIL……………..……..RESPONDENT

JUDGMENT

The Applicant obtained judgment in CMCC 5862/99 on 9th March 2005 and a certificate of costs issued.  The total decretal amount stood at Kshs.699,557/00 as of 18th September 2006 and it is what the Applicant seeks that this court do order that the Respondent be compelled by order of mandamus to pay him.  A decree dated 18th August 2005 is exhibited.  The Respondents were duly served with the Application and hearing Notice though they have not defended the Notice of Motion.

I therefore grant the order in term of prayers 1, 2 of the Notice of Motion Application dated 29th September 2006 with costs to the Applicant.

Dated and delivered this 13th day of February 2007.

R.P.V. WENDOH

JUDGE