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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 JA Zakayo Richard Chesoni JA Alan Robin Winston Hancox JA

Judgement

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 powers of the court seeking an order that the proceedings against it (the second defendant) be struck out. That application was dismissed with costs and the second defendant has appealed to this court.

The ground on which the application was made is that the Government of the United…

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