JUDGMENT OF THE COURT
The appeal arose from the High Court judgment (Wendoh J) delivered on 17th March, 2006. The present respondent, Barclays Bank of Kenya as the applicant, filed a notice of motion dated 13th September, 2005 under Order 53 Rule 3(1) of the Civil Procedure Rules against City Council of Nairobi as the respondent, seeking the following orders:
an order of certiorari to quash the charge sheet and all proceedings in Criminal Case No.M1509(A)/05, Republic v. Manager, Barclays Bank (K) Ltd, Market Branch;
an order of prohibition to issue against the respondent, City Council of Nairobi from commencing any further criminal proceedings against the applicant in relation to the painting and repair of its premises called Market Branch; and
an order of mandamus compelling the respondent Council to make a refund of Sh.90,000/=, being cash bail paid by the applicant bank in the criminal case aforementioned.
The respondent filed a replying affidavit and when the notice of motion came u…