JUDGMENT
November 19, 1993, Kwach, Muli and Tunoi JJ A delivered the following Judgment.
This is an appeal against the ruling of the High Court of Kenya at Nairobi (Couldrey, J) made on an application by the defendant, now the respondent, in a motion to review the judgment entered for the Plaintiff, the appellant herein, against the respondent on 8th October, 1992. The Superior Court in granting the applicant held inter alia as follows:-
“It will be much quicker for the plaintiff if I allow the motion, review the judgment and set it aside, then the plaintiff can serve the Attorney – General and the matter of interest can be determined on an interlocutory application, presumably, if the Attorney-General enters an appearance or files a defence, on an application to apply for summary judgment.
I am not certain that I have a discretion anyway if the view I hold is correct and service is bad by reason of statute. If the whole suit were set aside on appeal then the plaintiff might be faced with…