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JudgmentMEPTAX CONSULTIUM LIMITED VS BOARD OF KISUMU COUNTY AND COUNTY GOVERMENT OF KISUMU AND 2 Others1 min read

MEPTAX CONSULTIUM LIMITED VS BOARD OF KISUMU COUNTY AND COUNTY GOVERMENT OF KISUMU AND 2 Others

High Court at Kisumu High Court · · Alfred Mabeya

  • 1. On 23/9/2024, the applicant was granted leave in KSM HCJR Misc. Application No. E013 of 2024 to apply for an order of Mandamus.  Pursuant thereto, on 8/10/2024, the applicant lodged the substantive Motion for an order of Mandamus to compel the respondents to settle the decretal sum of Kshs.75,580,127/33 together with costs.
    2. The basis of the Motion was that a decree for the said amount together with costs of Kshs.1,474,590/= and interest of 14% p.a from 8/10/2019 until payment had been passed against the respondents.  Despite repeated requests, the same had not been settled.
    3. The applicant produced the decree dated 22/2/2023 for Kshs.75,580,127/33, a Certificate of Costs for Kshs.1,474,590/= dated 16/4/2024 and Certificate of Order against government dated 23/4/2024.  The application was served but was not responded to.
    4. I have considered the Motion.  The positive averments in the Supporting affidavit of Victor Onyango Ogutah sworn on 7/6/2024 have not been denied.  In any event, there is enough evidence on record of the debt and the applicant has undergone through all the required procedures to warrant the order sought.  There is nothing on record to bar the applicant from getting the reliefs it seeks.
    5. Accordingly, the application dated 8/10/2024 is meritorious and the same is allowed as prayed.
    It is so ordered.

Details

Delivered
Court rank
High Court
Station
Kisumu High Court (High Court at Kisumu High Court)
Division
High Court Civil
Case type
Judicial Review
Judge
Alfred Mabeya

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