Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…Advocates [2016] eKLR , where it was held that execution under the Civil Procedure Rules is barred against government property, with mandamus being the only lawful remedy.…
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…Advocates [2016] eKLR , where it was held that execution under the Civil Procedure Rules is barred against government property, with mandamus being the only lawful remedy.…
Division and case type: High Court CivilCivil Appeal
…E290 & 328 of 2023 (Consolidated) [2024] KECA 439 (KLR) , where the Court of Appeal reiterated that judicial review and mandamus are the only available remedies. The Appellant also cited Republic vs.…
…Advocates [2016] eKLR , where it was held that execution under the Civil Procedure Rules is barred against government property, with mandamus being the only lawful remedy.…
Division and case type: CivilCivil Appeal
…Niare sought leave to apply for an order of Mandamus directing the Minister to register him (Mr. Niare) as the proprietor of the said land parcel number 1080.…
…Civil Case No. 35 of 1983 by personally going to the Registry of the Superior Court and later through the staff and had learnt that Platt J. had extended the period to apply for leave to apply for orders of certiorari and mandamus…
Division and case type: CivilCivil Appeal
…dated 12th April 1989 in High Court Misc Civil Application No 10 of 1987) JUDGMENTS Nyarangi JA.This is an appeal from a ruling given on April 12, 1989 by Tunoi J whereby he refused the appellants’ application for orders of mandamus…
…The fact that mandamus is neither a writ of course nor a writ of right but a matter of the discretion of court does not mean that natural justice may be breached.…
Division and case type: High Court CivilCivil Appeal
…That learned treatise says:- “The order of mandamus is of a most extensive remedial nature, and is, in form, a command issuing from the High Court of Justice, directed to any person, corporation or inferior tribunal, requiring…
…Where a general duty is imposed, a mandamus cannot require it to be done at once. …
Division and case type: High Court CivilCivil Appeal
…Unlike in other civil proceedings, where decrees for the payment of money or costs had been issued against the Government in favour of a litigant, the said decree can only be enforced by way of an order of mandamus compelling…
…Guided by the decision in the above cited case, I find that the Respondent should have enforced the decree by way of an order of mandamus compelling the accounting officer in the relevant ministry to pay the decretal amount…
Division and case type: High Court CivilCivil Appeal
…Unlike in other civil proceedings, where decrees for the payment of money or costs had been issued against the Government in favour of a litigant, the said decree can only be enforced by way of an order of mandamus compelling…
…Guided by the decision in the above cited case, I find that the Respondent should have enforced the decree by way of an order of mandamus compelling the accounting officer in the relevant ministry to pay the decretal amount…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…THAT the Honourable Tribunal be pleased to issue an order of mandamus compelling the Respondent to admit the Appellant to the Advocates Training Programme (ATP) immediately and in any case for the academic year 2023/24 based…
…In its determination vide the ruling that was rendered on 14th July, 2023, the Tribunal found that it did not have powers to punish for contempt and/or grant the judicial review orders of certiorari and mandamus that the…
Division and case type: MERU HIGH COURTCivil Appeal
…point of objection dated 4 th October, 2024 by holding that the Respondent had not presented any evidence of having been to the CWCCC and was never compensated to necessitate a follow up with a Judicial Review for orders of mandamus…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…It is the applicant’s case that despite service of the Certificate of Taxation upon the Respondent, no payment was made, compelling him to file a Judicial Review Application for Mandamus seeking to compel payment of the said…
Division and case type: CivilCivil Appeal
…Application No. 646/04 (646/04) on 27th May, 2004 and sought judicial review orders of prohibition, mandamus and certiorari which were granted on 10th June, 2004 as follows: - “1.…
…The orders sought by Aberdare in the application dated 27th July, 2004 were as follows: “a) An order of mandamus to compel the Respondent to release a consignment consisting of 124 x 20 freight containers of sugar belonging…
Division and case type: CivilCivil Appeal
…Unlike the applications founded under order 50 of the Civil Procedure Rules for prerogative orders of mandamus and certiorari , where a special procedure is provided for applications founded under section 27, 28 and 30 of…
Division and case type: CivilCivil Appeal
…Prior to the early sixties, it was thought that what were then the prerogative orders of certiorari, prohibition and mandamus only lay against persons or bodies with judicial or quasi-judicial functions and did not apply…
…The types of reliefs available in judicial review proceedings are certiorari, prohibition, mandamus, claims for a declaration or injunction and for damages.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Complainant has failed to enforce his right of IDRM through mandamus and is therefore estopped from pleading frustration.…