REPUBLIC & AN APPLICATION BY SAID HASSAN HEMED T/A GHANIYA PETROL STATION FOR LEAVE TO ISSUE OF ORDERS OF MANDAMUS & EXECUTION PROCEEDINGS IN THE HIGH V PERMANENT SECRETARY – MINISTRY OF & ANOTHER [2009] KEHC 4255 (KLR) | Judicial Review | Esheria

REPUBLIC & AN APPLICATION BY SAID HASSAN HEMED T/A GHANIYA PETROL STATION FOR LEAVE TO ISSUE OF ORDERS OF MANDAMUS & EXECUTION PROCEEDINGS IN THE HIGH V PERMANENT SECRETARY – MINISTRY OF & ANOTHER [2009] KEHC 4255 (KLR)

Full Case Text

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT MOMBASA

MISCELLANEOUS APPLICATION 1025 OF 2006

REPUBLIC

AND

IN THE MATTER OF:

AND

IN THE MATTER OF: EXECUTION PROCEEDINGS IN THE HIGH

COURT OF KENYA AT MOMBASA

V E R S U S

IN THE MATTER OF:    1. PERMANENT SECRETARY – MINISTRY OF

LIVESTOCK & FISHERIES DEVELOPMENT

2.    ATTORNEY GENERAL

SAID HASSAN HEMEDT/AGHANIYA PETROL STATION ...  APPLICANT

V E R S U S

ATTORNEY GENERAL & ANOTHER ……………………… RESPONDENTS

R U L I N G

By this application, the applicant seeks an order of mandamus to issue against the Attorney General and the Permanent Secretary, Ministry of Livestock and Fisheries Development, to effect payment of the decretal amount in the sum of Kshs. 94,254/- plus costs and interest in the decree passed by the Court in Kilifi CMCC No. 106 of 2006, SAID HASSAN HEMED T/A GHANIYA PETROL STATION v. ATTORNEY GENERAL, and also prays that the costs of the application be provided for.  The application is dated 16th November, 2006, and is made under O. LIII rule 3 of the Civil Procedure Rules.

The background to this application is that a judgment was entered in favour of the plaintiff in this matter on 1st December, 2005.  It was followed by a Certificate of Order against the Government issued on 23rd February, 2006.  In spite of the fact that the interest keeps on accumulating, the defendants are not moved.

Although the Respondents were served in sufficient time to attend court, they did not attend; nor did they file any replying affidavit or grounds of opposition.  In the event, the application is unopposed.

I accordingly direct that an order of mandamus do issue in terms of prayer 1 of the Notice of Motion dated 16th November, 2006.  The Respondents will also pay the costs of this application.

It is so ordered.

Dated and delivered at Mombasa this 15th day of  May,  2009.

L. NJAGI

JUDGE