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…