JESSIE MWANGI GACHAGO V. ATTORNEY GENERAL

IN THE COURT OF APPEAL

AT NAIROBI

(Coram:Madan, Law JJA and Simpson Ag JA )

CIVIL APPEAL NO. 24 OF 1980

BETWEEN

JESSIE MWANGI GACHAGO................................................................APPELLANT

AND

ATTORNEY GENERAL.........................................................................RESPONDENT

JUDGMENT

Law JA In Civil Case No 2436 of 1978, the respondent to this appeal, the Attorney-General, was sued by a plaintiff described as “Beluf Establishment” for damages in respect of the alleged loss of 360 bags of coffee, the causes of action being described as conversion, breach of duty as bailee, and actionable negligence. The plaint is dated September 20, 1978. By his written statement of defence, dated November 1, 1978, the Attorney General applied under Order I rule 14 of the Civil Procedure Rules asking for leave to issue third party notices against three named persons, one of whom is the appellant in this appeal, claiming against them “indemnity against the plaintiff’s claim”.

On…