Case law
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Division and case type: CivilMiscellaneous Application
…of mandamus, prohibition or certiorari, the High Court shall have power to make a like order.…
…for mandamus prohibition of certiorari.…
Division and case type: Environment and Land CourtMiscellaneous Application
…That further, an order of mandamus cannot issue to compel exercise of statutory discretion in a particular way or to achieve particular results.…
…Regarding the Order of Mandamus, it was submitted that it is the duty of the Applicant to appear before the Deputy County Commissioner to take a date for hearing of the Minister’s appeal.…
Division and case type: Environment and Land CourtMiscellaneous Application
…That further, an order of mandamus cannot issue to compel exercise of statutory discretion in a particular way or to achieve particular results.…
…Regarding the Order of Mandamus, it was submitted that it is the duty of the Applicant to appear before the Deputy County Commissioner to take a date for hearing of the Minister’s appeal.…
Division and case type: Environment and Land CourtMiscellaneous Application
…of mandamus granted on 29th September 2020 which has already been fully complied with. …
…part, the Ex-Parte Applicant has raised a Preliminary Objection on account that the judgement delivered on 29th September 2020 has fully been executed and that this court has no jurisdiction to set aside the prerogative order…
Division and case type: High Court CivilCivil Appeal
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
…Proceedings Act, namely: issuance of a certificate of order by the proper officer; service upon the County’s accounting officer; and, if payment is not made, the Respondent is at liberty to pursue judicial review seeking an order…
Division and case type: High Court CivilCivil Appeal
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
…Proceedings Act, namely: issuance of a certificate of order by the proper officer; service upon the County’s accounting officer; and, if payment is not made, the Respondent is at liberty to pursue judicial review seeking an order…
Division and case type: High Court CivilCivil Appeal
…National Land Commission & Another [2024] KECA 439 (KLR) the Court of Appeal emphatically reaffirmed that the only lawful remedy to compel payment by a public body is judicial review seeking an order of mandamus after compliance…
…Proceedings Act, namely: issuance of a certificate of order by the proper officer; service upon the County’s accounting officer; and, if payment is not made, the Respondent is at liberty to pursue judicial review seeking an order…
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
…an ORDER OF MANDAMUS?…
…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…
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: 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.…
Division and case type: CivilMiscellaneous Application
…the Banking, Insurance and Finance Union (K) and its registration thereafter under the provisions of the Trade Unions Act, Chapter 233 of the Laws of Kenya and all proceedings thereunder be quashed and set aside; and 2.An Order…
…of Mandamus directed to the Registrar of Trade Unions requiring him to cancel the registration of the Banking, Insurance and Finance Union (K).…
Division and case type: Environment and Land CourtMiscellaneous Application
…That an order of Mandamus do issue at the instant of the exparte applicants to compel the Chairman National Land Commission and the National Land Commission to issue and Addendum and Corrigendum to Gazette Notice Number 1995…
Division and case type: CivilCivil Appeal
…One of the purposes of an order of mandamus is to issue to the end that justice may be done. Further, the college authorities are in loco parentis in relation to its students.…
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…
Division and case type: CivilCivil Appeal
…THAT an order of Mandamus be and is hereby issued compelling the Respondents to release the Applicant’s duly processed sugar consignment from the Customs Frieght Stations, namely, Mitchell Cotts (K) Limited, Freight Forwarders…
…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…