JACKSON K. KIPTOO V. ATTORNEY GENERAL

JUDGMENT OF THE COURT

This is a first appeal from the decision of the superior court (Ang’awa, J) made on 30^th July, 2002, dismissing the appellant’s suit on the ground that the court had no jurisdiction to entertain the claim since Section 13A of the Government Proceedings Act was not complied with. In the same decision, the learned Judge assessed liability between the parties and made orders on both special and general damages, all of which are also challenged. As it is a first appeal, we are bound to re-examine the record afresh, re-evaluate the evidence and make our own conclusions in the matter always remembering, however, and giving allowance for it, that the trial court had the added advantage of hearing and seeing the witnesses and was the best judge on credibility. As to findings made on matters of fact, this Court will only interfere where the finding is based on no evidence, or on a misapprehension of the evidence or the Judge is demonstrably shown to have acted on wrong pri…