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VIOLET MUMBUA NDAMBUKI v. ATTORNEY GENERAL

(2007) JELR 94064 (CA)

Court of Appeal  •  Civil Appli 288 of 2006  •  8 Jun 2007  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Philip Nyamu Waki, William Shirley Deverell

Judgement

RULING OF THE COURT

The matter before us is a notice of motion filed under rule 80 of the rules of this Court seeking an order that we strike out a Notice of Appeal dated 18th January, 2005 and filed on 20th January, 2004.

The record availed to us is fairly thin on facts but we can ascertain the following facts from the affidavits: -

In April, 2002 the respondent herein sued the Attorney General on behalf of the relevant Ministry of Government to recover special and general damages arising from a road traffic accident. Upon service of the summons to enter appearance the Attorney General did file an appearance. When no defence was forthcoming, leave was obtained for entry of interlocutory judgment and it was granted. It would then appear that the Attorney General filed some defence before the formal proof but that purported defence was struck out by Ang’awa J. on 20th July, 2003. The Attorney General then appears to have made an intimation to appeal against that order by filing a Notice o…

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