“"statutory duty"” — court decisions

Judgment[1986] KEHC 5513 October 1986

Judgment[1986] KEHC 213 October 1986

Kigika Developers Limited v Nairobi City Commission (

High Court at NairobiJudge Counsel,Chanan Singh,KNELLER,BlackburnsCase number Civil Case 3923 of 1985

Division and case type: Milimani Commercial CourtsCivil Case

…Admittedly the defendants were under a Statutory duty to approve or disapprove of these plans. Does a refusal to act whether malicious or not gives rise to a claim in damages?…

…As I understand this decision there is an action for damages for breach of Statutory duty causing injuries to a person for whose benefit the Statutory duty has been imposed.…

5 min read

Judgment[1992] KEHC 17 December 1992

Maina Kamanda & another v Nairobi City Council & another

High Court at NairobiCase number Civil Appeal 6153 of 1992

Division and case type: CivilCivil Appeal

…In that case Mr Blackburn who lived in London with his wife who was a ratepayer, applied successfully for an order of prohibition against the council to stop them acting in breach of their statutory duty to prevent the exhibition…

8 min read

Judgment[1984] KEHC 2023 April 1984

Republic v The Commissioner of Prisons Ex Parte Wachira

High Court at Nairobijudge High Court,Edward Akeng,Chunga,Kiraitu Murungi Mr,Kamau Kuria,Murungi Mr,Wachira,Oyugi,Reynolds,Kiraitu Murungi,MurungiCase number Miscellaneous Civil Case 60 of 1984

Division and case type: CivilCivil Case

…Erskine May says: Breach of statutory duty to lay an instrument before parliament will not of itself invalidate the instrument though it may amount to a misdemeanour.”…

19 min read