I have considered the Ex-Parte Chamber Summons dated 4th November 2024 together with the verifying affidavit sworn by the applicant and the annextures thereto.
In the summons, the applicant seeks leave to institute judicial review proceedings for an order of mandamus against the respondent for allegedly refusing to satisfy a decree issued in his favour in Kandara Principal Magistrates Court Civil Suit No. 107 of 2021. I have confirmed from the annextures to the verifying affidavit that indeed a decree and a certificate of stated costs was issued in favour of the applicant in the above case on 25th September 2024.
Consequently, i am satisfied that the applicant has an arguable case against the respondent. It is therefore my finding that the application is merited and it is hereby allowed as prayed on terms that the applicant shall file and serve the substantive motion within the next 21 days.
It is so ordered.