DAVIS & SHIRTLIFF LTD V. ATTORNEY-GENERAL

JUDGMENT

This appeal turns upon the interpretation of section 4 of the Government Proceedings Act, by virtue of the provisions of which the Attorney- General was made a party as the defendant in the High Court. We are told that this is a test case. What happened was as follows:

The appellant filed a suit in the High Court against the Attorney- General as representative of the Government of the Republic of Kenya, claiming payment of Shs 69,040/75, which amount was recovered for and on behalf of the appellant by a firm of court brokers called Mbaru Auctioneers and Official Brokers (described in the plaint as the agent of the High Court), by levying attachment against the assets of the judgment debtor in High Court Civil Case 1101 of 1975 in which the appellant was the judgment creditor. The execution was complete (though I doubt that this has any significant bearing in this case) when the court broker received the proceeds of sale of the attached moveable property, whereupon he held the m…