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Ministry of Defence of the Government of the United Kingdom v. Ndegwa

(1983) JELR 99063 (CA)

Court of Appeal  •  Civil Appeal 31 of 1982  •  18 Mar 1983  •  Kenya

Coram
Eric John Ewen Law, Zakayo Richard Chesoni, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Law, Hancox JJA and Chesoni Ag JA)

CIVIL APPEAL NO. 31 OF 1982

BETWEEEN

MINISTRY OF DEFENCE OF THE GOVERNMENT

OF THE UNITED KINGDOM...............................APPELLANT

AND

NDEGWA.......................................................RESPONDENT

JUDGMENT

This is an appeal from a ruling of the High Court (O’Kubasu J) at Nyeri refusing to strike out the proceedings against the second defendant, the Ministry of Defence Claims Commission (UK).

The plaintiff filed a suit against the defendants praying for the judgment against them jointly and severally for special and general damages for negligence arising out of a motor accident involving a motor vehicle driven by the first defendant Stuart Brown and the motor vehicle KPA 169 which the plaintiff was driving at the material time. The second defendant entered appearance under protest and subsequently filed an application in the High Court under order VI rule 13 of the Civil Procedure Rules and the inherent p…

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