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David Kemei v. Energy Regulation Commission, Inspector General of Police & Attorney General

(2020) JELR 102846 (CA)

Court of Appeal  •  Civil Appeal 408 of 2018  •  7 Aug 2020  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. Before delving into the substantive appeal, it would be prudent to examine the history of the matter as it unfolded before the superior court. Vide a plaint dated 12th October, 2011 David Kemei, (the appellant), sought general and special damages against the respondents for false imprisonment and exemplary damages arising from his arrest and prosecution following allegations of colluding to defraud a company of a certain sum of money. Having been served with the plaint and summons to enter appearance, the respondents filed their statements of defence in which liability was denied.

2. After close of the pleadings, an invitation to fix a mention date for purposes of taking directions was sent to the respondents by the appellant. The matter was fixed for mention for directions on 29th February, 2012 and the suit was, by consent of the parties, fixed for hearing on 23rd July, 2012. The matter did not however proceed on the said date for reasons recorded, which reaso…

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