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National Oil Corporation v. John Mwangi Kaguenyu, Attorney General & Peter Kombuthi

(2019) JELR 98521 (CA)

Court of Appeal  •  Civil Appeal 251 of 2017  •  8 Mar 2019  •  Kenya

Coram
William Ouko, Fatuma sichale, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

On 1st September 2015 John Mwangi Kaguenyu, the 1st respondent herein filed an amended plaint dated 22nd July 2015. In the amended plaint, National Oil Corporation, the appellant herein was named as the 1st defendant whilst the Attorney General and Peter Kombuthi, the 2nd and 3rd respondents herein were named as the 2nd and 3rd defendants respectively. The 1st respondent’s cause of action was based on the tort of malicious prosecution over his arrest on 17th March 2005 which according to him was instigated by the appellant’s servants, employee or its agent. The 2nd and 3rd respondents were faulted as they “....... proceeded to prosecute...” .

The appellant filed a statement of defence dated 2nd May 2012 and denied that it had maliciously and in absence of reasonable and probable cause reported the 1st respondent to the police. The 1st respondent filed a reply dated 17th November 2015 to the appellant’s defence and joined issue with the appellant. It would appear th…

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